Bombay High Court

Rajabhau Maruti PhadversusThe Sate of Maharashtra

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court permitted the claimant to withdraw the deposited amount with interest, subject to a satisfactory undertaking, and partially allowed the application.

Summary

The applicant, a landowner whose property was compulsorily acquired, obtained an enhanced compensation award from the Reference Court. The acquiring body deposited 50% of this award in the High Court pending a first appeal. The applicant sought permission to withdraw the deposited amount. The Court examined the grounds of the appeal and noted that the applicant's sole livelihood depended on the land, while the acquiring body had not deposited the full enhanced amount. The Court allowed the withdrawal, subject to a regular undertaking and the payment of accrued interest, and disposed of the application.

Issues considered

Whether the claimant may withdraw the amount deposited by the acquiring body pending the appeal
Whether interest is payable on the withdrawn amount
Whether the acquiring body is required to deposit the full enhanced compensation

Subjects

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

Judgment

2026:BHC-AUG:37608

                                                      (1)             922 CA 9308 OF 2026


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD
                             922 CIVIL APPLICATION NO. 9308 OF 2026
                                         IN FA/3373/2023
                                    RAJABHAU MARUTI PHAD
                                             VERSUS
                          THE STATE OF MAHARASHTRA AND ANOTHER
                                                ...
           Mr. Pramod Mayure, Advocate for Applicant
           Mr. S. N. Kendre, AGP for Respondent No.1 – State
                                              WITH
                              CIVIL APPLICATION NO. 7899 OF 2023
                                         IN FA/3373/2023
                     THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION
                                          VERSUS
                              RAJABHAU MARUTI FHAD AND ANR
                                            …
                                        CORAM : AJIT B. KADETHANKAR, J.
                                        DATE     : 19.08.2026

           PER COURT :-

           CIVIL APPLICATION NO. 9308 OF 2026

           .            Applicant is the land looser whose land is acquired by the

           Acquiring Body for public purpose under the compulsory acquisition. The

           claimant/present applicant 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.


           2.           While granting stay to the execution and operation of the

           judgment and award passed by the Reference Court, this Court directed the
                                          (2)                       922 CA 9308 OF 2026


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 claimant 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

claimant 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.
      b.    Claimant is 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.]
PRW

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