Bombay High Court
MAHADEO RAMA BARLEversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court allowed the withdrawal of the entire deposited amount, subject to the applicant furnishing the usual undertaking and the amount being returned with accrued interest.
Summary
Mahadeo Rama Barle, the land‑loser, filed a civil application seeking withdrawal of the entire amount that the acquiring body had deposited in the court after the High Court stayed execution of a compensation award. The applicant argued that earlier orders dated 5 December 2025 and 10 December 2025 supported his request. The court observed that the appellant’s interest was already protected by the stay and that the applicant, being the land‑loser, is entitled to compensation despite a dispute over the quantum. Consequently, the court allowed the application, permitting withdrawal of the deposited amount subject to the usual undertaking and with accrued interest. The order thus restores the deposited funds to the applicant while safeguarding the court’s interest.
Issues considered
- Whether the claimant can withdraw the entire amount deposited by the acquiring body after the stay of execution of the compensation award.
- Whether the court may impose conditions, such as an undertaking, on the withdrawal of the deposited amount.
Subjects
- compulsory acquisition
- compensation
- stay of execution
- withdrawal of deposit
- land‑loser
- civil application
Judgment
2026:BHC-AUG:46377
22-sr924..CA.9670.2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
924 CIVIL APPLICATION NO. 9670 OF 2026
IN FA/565/2023
Mahadeo Rama Barle
VERSUS
The State Of Maharashtra And Others
...
Advocate for Applicant : Mr. Ajit B. Kale
AGP for Respondents no.1 and 2: Mr.K.B.Jadhavar
Advocate for Respondent no.3 : Mr.Shrutika Nirhali h/f. Mr.Prashant Nangare
...
CORAM : AJIT B. KADETHANKAR, J.
DATE : SEPTEMBER 30, 2026
ORDER :-
Considering the prima facie merit shown by the appellant
in the First Appeal this court stayed execution and operation of the
judgment and award impugned in the appeal subject to deposit of 50%
of the payable award amount in this court with interest. It is reported
that accordingly the acquiring body has deposited 50% of the payable
award amount in this court with interest.
2. Present application is filed by the claimant seeking
withdrawal of the entire amount deposited by the acquiring body in
this court.
3. Mr.Kale, learned advocate for the applicant would rely on
two orders passed by this court i.e. order dated 05.12.2025 and
2 22-sr924..CA.9670
10.12.2025 in Civil Application No.13128 of 2025 in F.A. No.3253 of
2025. He submits that in view thereof, the application may be
allowed.
4. Suffice it to note as the interest of the appellant is
already protected by this court by discounting it from depositing
entire payable award amount, I deem it appropriate to allow this
application with certain rider. It cannot be lost site of that the
applicant is the land-loser whose sole source of livelihood has been
acquired under compulsory acquisition. Certainly the applicant is
entitled for certain amount of compensation although there is
dispute on the quantum of entitlement.
5. In view of the above, the Civil Application is allowed. The
amount deposited by the acquiring body in this court is permitted to
be withdrwn by the applicant on furnishing usual undertking to the
satisfaction of learned Registrar (Judicail) of this court. Needless to
mention, withdrawal of the amount shall be with interest accrued.
[AJIT B. KADETHANKAR, J.]
………..
KBP
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