Bombay High Court

GUNDU LAXMAN WAGHMODE DIED THROUGH LEGAL REPR. SHILABAI AND ORS.versusTHE STATE OF MAHARASHTRA THROUGH COLLECTOR, OSMANABAD AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The claimants are permitted to withdraw 80% of the compensation with accrued interest upon furnishing a satisfactory undertaking, with the balance to be invested in a nationalized bank.

Summary

The claimants filed a civil application seeking withdrawal of the amount deposited by the acquiring body as compensation. They argued that other claimants from the same project had been allowed to withdraw 80% of their deposited amounts, and thus they should be granted the same. The court noted that the acquiring body did not dispute this position and that the earlier order permitting 80% withdrawal for other claimants was annexed to the present application. Accordingly, the court allowed the application, directing that the claimants may withdraw 80% of the compensation with accrued interest upon furnishing a satisfactory undertaking, while the balance must be invested in a nationalized bank. The civil application was then disposed of.

Issues considered

Whether the claimants are entitled to withdraw 80% of the compensation deposited by the acquiring body, similar to other claimants from the same project.

Subjects

compensation
withdrawal
civil application
interest
bank investment
acquiring body

Judgment

2026:BHC-AUG:39538
                                                1                    933-CA.9159-26.odt


                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                              933 CIVIL APPLICATION NO. 9159 OF 2026
                                          IN FA/2000/2024

                     GUNDU LAXMAN WAGHMODE DIED THROUGH LEGAL REPR.
                                      SHILABAI AND ORS.
                                           VERSUS
                       THE STATE OF MAHARASHTRA THROUGH COLLECTOR,
                                     OSMANABAD AND ORS.
                                                    ...
                      Advocate for Applicant : Ms. Bhagyashri Kamble h/f Mr. G. K.
                                Sontakke And Mrs. P. G. Sontakke Patil.
                          AGP for Respondent/s-State : Ms. Dr. Kalpalata Patil
                                             Bharaswadkar.
                        Advocate for Respondent No.3 : Mr. Avishkar S. Shelke.
                                                    ...

                                           CORAM : MANJUSHA A. DESHPANDE, J.
                                           DATE : 29.08.2026

                     PER COURT :-


                     1.    The application is filed by the claimant for withdrawal of

                     amount deposited by the acquiring body. The first appeal is

                     already admitted. Pursuant to the order passed by this Court,

                     the entire amount has been deposited since application is filed

                     by the claimants for withdrawal of amount. It is submitted

                     that the other claimants from the same project have already

                     been permitted to withdraw 80% of the amount deposited by

                     the acquiring body. Thus, it is submitted that the claimants may

                     also be allowed to withdraw similar amount. The order passed

                     by this Court in respect of other claimants is annexed to the
                             2                     933-CA.9159-26.odt


application. This position is not disputed by the learned

advocate appearing for the acquiring body.


2.      In view thereof, civil application is allowed.


3.      The claimants are permitted to withdraw 80% of the

amount of compensation with accrued interest on furnishing

undertaking to the satisfaction of the Registrar (Judicial) of

this Court and balance amount shall be invested in any

nationalized bank.


4.      With the afore mentioned observation, civil application is

disposed of.




                                 (MANJUSHA A. DESHPANDE, J.)

                                  ...

vmk/-

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