Bombay High Court

Vaibhav Haribhau Phad and Anr.versusThe State of Maharashtra thr Collector Parbhani

Disposal: PARTLY ALLOWED AND PARTLY DISMISSED

Holding

The Court partly allowed the application, permitting withdrawal of the deposited amount upon a satisfactory undertaking and with interest.

Summary

The applicants, land owners whose property was compulsorily acquired, obtained an enhanced compensation award from the Reference Court. The acquiring body was ordered to deposit 50% of the award amount in the High Court, which was done. The applicants then filed a civil application seeking permission to withdraw the deposited amount while the appeal is pending. The Court examined the facts and noted that the applicants' sole livelihood depends on the acquired land and that the acquiring body has not deposited the full enhanced compensation. Accordingly, the Court partly allowed the application, permitting withdrawal of the deposited amount upon execution of a regular undertaking to the Registrar, with interest accruing on the deposit, and disposed of the application.

Issues considered

Whether the claimants may withdraw the amount deposited by the acquiring body pending the final determination of the appeal

Subjects

land acquisition
compensation enhancement
stay of execution
withdrawal of deposit
public purpose
interest on deposit

Judgment

2026:BHC-AUG:37404



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                                                                         928-ca-9299-2026

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                   CIVIL APPLICATION NO. 9299 OF 2026
                                             IN FA/3380/2023

                                    Vaibhav Haribhau Phad And Anr.
                                                VERSUS
                            The State Of Maharashtra Thr Collector Parbhani
                                                   ...
                     Mr. P. C. Mayure, Advocate for Applicants
                     Mr. B. V. Virdhe, AGP for Respondents-State
                                                   ...
                                                 WITH
                                 CIVIL APPLICATION NO. 7904 OF 2023
                                           IN FA/3380/2023
                                                  …..
                                          CORAM : AJIT B. KADETHANKAR, J.
                                             DATED : 18TH AUGUST, 2026

                     P.C. :-

                     CIVIL APPLICATION NO. 9299 OF 2026

                     .         Applicants are the land loosers whose lands are

                     acquired by the Acquiring Body for public purpose under the

                     compulsory acquisition. The claimants/present applicants

                     approached      the    Reference   Court     for   enhancement   of

                     compensation. After ascertaining the evidence on record, the

                     Reference      Court    enhanced       the   compensation,   which

                     constrained the Acquiring Body to file present First Appeal in

                     this Court.
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                                                   928-ca-9299-2026

2.    While granting stay to the execution and operation of

the judgment and award passed by the Reference Court, this

Court directed the Acquiring Body to deposit 50% of the

award amount. Accordingly such 50% award amount is

deposited by the Acquiring Body in this Court.          Now, this

application is filed by the claimants seeking permission to

withdraw the amount deposited by the Acquiring Body in this

Court.

3.    Looking to the facts of the case and the nature of

objection/grounds mentioned in the First Appeal, I deem it

appropriate to allow the application for the reasons that the

sole source of livelihood of the claimants is acquired by the

appellant/Acquiring Body. While permitting withdrawal,

interest of the Acquiring Body also needs to be protected. It

also cannot be overlooked that the Acquiring Body has not

deposited   the    entire   amount     of   compensation       i.e.

enhancement granted by the Reference Court. Hence, I pass

following order:

                            ORDER

     a.     Civil Application is partly allowed.
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                                                     928-ca-9299-2026

        b.       Claimants are permitted to withdraw the
        amount deposited by the Acquiring Body in this
        Court by executing a regular undertaking to the
        satisfaction of learned Registrar (Judicial) of this
        Court.
        c.       Needless to mention, the withdrawal shall
        carry interest accrued on such deposit.
        d.       Civil Application stands disposed of.



                                        ( AJIT B. KADETHANKAR, J. )

Rushikesh/2026

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