Bombay High Court
MADHAV ALIAS MAHADEV NIVRUTTI PAWAR DIED THR LRS SHAKUNTALA MAHADEV PAWAR AND ORSversusTHE STATE OF MAHARASHTRA AND ORS
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- SHAILESH P BRAHME
Holding
The court held that the applicants may receive the deposited compensation amount with accrued interest upon furnishing an undertaking satisfactory to the Registrar.
Summary
The applicants, representing the estate of the deceased Madhav Nivrutti Pawar, sought to withdraw Rs.17,07,808 deposited by the acquiring body as compensation, arguing that only 50% of the awarded amount had been deposited, similar to earlier cases where claimants were allowed to receive the amount with interest upon furnishing an undertaking. The Bombay High Court, Aurangabad Bench, allowed the civil application partly, permitting the applicants to receive the deposited sum with accrued interest subject to an undertaking satisfactory to the Registrar. In the related first appeal, both parties waived service of notice, and the court called for the record. Regarding a separate civil application (7225 of 2023), the court confirmed the earlier ad‑interim stay on the deposited compensation and disposed of that application. Thus, the court affirmed the right to withdraw the deposited portion with interest, conditioned on an undertaking, while maintaining the stay on the remaining proceedings.
Issues considered
- Whether the applicants are entitled to withdraw the compensation amount deposited by the acquiring body.
- Whether interest is payable on the deposited compensation amount.
- Whether a partial (50%) deposit of the compensation suffices for withdrawal.
- Whether the earlier ad‑interim stay on the compensation deposit remains in force.
Subjects
- compensation
- acquiring body
- interest
- undertaking
- civil application
- ad‑interim stay
- partial deposit
Judgment
2026:BHC-AUG:3733
(1) 103 CA 8926 OF 2025
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
103 CIVIL APPLICATION NO. 8926 OF 2025
IN FA/2096/2025
MADHAV ALIAS MAHADEV NIVRUTTI PAWAR DIED THR LRS SHAKUNTALA
MAHADEV PAWAR AND ORS
VERSUS
THE STATE OF MAHARASHTRA AND ORS
WITH
CIVIL APPLICATION NO. 7225 OF 2023
IN FA/2096/2025
THE MAHARASHTRA KRISHNA VALLEY DEVELOPMENT CORPORATION
VERSUS
MADHAV @ MAHADEV NIVRUTTI PAWAR (DIED) THR LRS. SHAKUNTALA
AND ORS
…
Mr. R. V. Naiknavare, Advocate for Applicants
Mr. S. N. Morampalle, AGP for Respondent/s-State
Mr. Avishkar S. Shelke, Advocate for Respondent No.3
…
CORAM : SHAILESH P. BRAHME, J.
DATE : 28.01.2026
PER COURT :-
CIVIL APPLICATION NO. 8926 OF 2025
. Applicants seek to withdraw amount of Rs.17,07,808/- deposited
by the acquiring body. In a similarly situated matters, 50% amount of
compensation was deposited by the acquiring body. This Court permitted the
claimants to receive the deposited amount with accrued interest on furnishing
(2) 103 CA 8926 OF 2025
undertaking. The interest of the respondent – acquiring body safeguarded by
withholding 50% of the amount. In the present matter also, only 50% of the
amount of compensation is deposited by the acquiring body.
2. Civil Application is allowed partly permitting the applicants to
receive the deposited amount with accrued interest on furnishing undertaking
to the satisfaction of learned Registrar (Judicial) of this Court.
FIRST APPEAL
3. Admit. Learned AGP waives service of notice for the
respondent/s-State. Mr. R. V. Naiknavare, learned counsel waives service of
notice for the claimants.
4. Call for Record and Proceeding. Print is dispensed with.
CIVIL APPLICATION NO. 7225 OF 2023
5. As the amount of compensation is deposited by the acquiring
body in pursuance of order of this Court, ad-interim stay granted earlier shall
stands confirmed.
6. Civil Application is disposed of.
( SHAILESH P. BRAHME, J. )
PRW
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