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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

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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