Bombay High Court

MADHUKAR S/O NIVRUTTI ANDHALE.versusTHE STATE OF MAHARASHTRA THR DISTRICT COLLECTOR, BEED AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court permits the claimant to withdraw 15% of the total amount deposited, thereby allowing a cumulative withdrawal of 75% of the awarded sum, subject to the provision of a solvent surety.

Summary

Madhukar, a senior citizen over 70, filed a civil application seeking to withdraw a larger portion of the award amount that the Acquiring Body had deposited in the High Court during a first appeal. Earlier, the Court had allowed the claimant to withdraw only 60% of the deposited sum. The Acquiring Body contended that the interest component was contrary to the full‑bench judgment in State of Maharashtra v. Kailash Shiva Rangari and that the valuation of trees was disputed, making the claimed escalation nine times the award. Considering the claimant’s age and financial needs, the Court partially allowed the application, permitting withdrawal of 15% of the total deposited amount, which together with the earlier withdrawal amounts to 75% of the award, subject to furnishing a solvent surety. The application was thereafter disposed of.

Issues considered

Whether the claimant may withdraw more than the previously permitted 60% of the deposited award amount.
Whether the interest component of the award is permissible in view of the precedent set by State of Maharashtra v. Kailash Shiva Rangari.
Whether the dispute over tree valuation affects the claimant’s entitlement to additional withdrawal.

Subjects

withdrawal of award
senior citizen
interest component
valuation of trees
surety
civil application
high court

Judgment

2026:BHC-AUG:37402



                                                      1
                                                                      926-ca-9185-2026

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                   CIVIL APPLICATION NO. 9185 OF 2026
                                            IN FAST/8480/2022

                                     Madhukar S/o Nivrutti Andhale.
                                                VERSUS
                      The State Of Maharashtra Thr District Collector, Beed And
                                                   Ors.
                                                    ...
                     Mr. S. R. Shirsat, Advocate for Applicant
                     Mr. R. K. Ingole, AGP for Respondents-State
                     Mr. B. R. Surwase, Advocate for Respondent no.2
                                                    ...
                                                  WITH
                                 CIVIL APPLICATION NO. 8043 OF 2022
                                           IN FAST/8480/2022
                                                   …..
                                           CORAM : AJIT B. KADETHANKAR, J.
                                             DATED : 18TH AUGUST, 2026

                     P.C. :-

                     CIVIL APPLICATION NO. 9185 OF 2026

                     .         This is a consecutive application seeking withdrawal of

                     amount deposited by the Acquiring Body in the First Appeal. It

                     is submitted that the Acquiring Body has deposited entire

                     award amount together with interest in this Court. While

                     passing the order on the earlier application for withdrawal,

                     this Court considered merits of the appeal and then cautiously

                     permitted only 60% to be withdrawn by the claimant.
                                  2
                                                    926-ca-9185-2026

2.    Mr.    S.   R.   Shirsat,       learned   Advocate   for   the

claimant/applicant submits that the claimant is a senior

citizen, having crossed 70 years of age and requires some

additional amount to meet his day-to-day needs and medical

expenses. Hence the present Application is filed.


3.    Mr. B. R. Survase, learned Advocate for the Acquiring

Body would submit that the part of interest granted is against

the law settled by this Court in full bench judgment of State of

Maharashtra Vs. Kailash Shiva Rangari, reported at 2016 (3)

Mh.L.J. 457 . He would again submit that the escalation is 09

times higher than the award. He further submits that the

valuation of the trees is in dispute in the Appeal.


4.    Considering the facts in the totality, I deem it

appropriate to partly allow the application by permitting the

applicant/claimant to withdraw 15% of the total deposited

amount.


5.    As such, upon withdrawal of the said 15% amount, the

claimants would be deemed to have withdrawn 75% of the

total awarded amount.
                                 3
                                                  926-ca-9185-2026

6.      The applicant/claimant is permitted to withdraw 15%

of the total amount deposited by the Acquiring Body in this

Court upon furnishing solvent surety to the satisfaction of

learned Registrar (Judicial) of this Court.


7.      Civil Application stands disposed of.


FIRST APPEAL (ST) 8480 OF 2022:

.       Admit.

2.      Issue notice to the respondents. Mr. S. R. Shirsat,
learned Advocate waives service of notice for respondent no.1.

3.      Call Record and Proceedings.

4.      Print and paper book dispensed with.



                                     ( AJIT B. KADETHANKAR, J. )

Rushikesh/2026

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