Bombay High Court
Santosh Shivram KanhujeversusUnion of India
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court held that the applicant may withdraw 100 % of the amount deposited by the acquiring body, subject to furnishing an undertaking within eight weeks.
Summary
The applicant, Santosh Shivram Kanhuje, sought the withdrawal of the entire amount deposited by the acquiring body for land acquired for the Ahmednagar‑Beed‑Parali Railway Line. The acquiring body did not contest the withdrawal. The court noted a prior judgment (Civil Applications No. 7662 of 2025) establishing that when appeals are filed against an award where the enhancement exceeds four times the rate fixed by the Land Acquisition Officer, the acquiring body should not resort to appeals and claimants may withdraw 100 % of the deposited amount. Relying on that precedent, the court allowed the applicant’s request, subject to the applicant furnishing a standard undertaking to the Registrar within eight weeks. Consequently, the civil application was granted in accordance with prayer clause “B”.
Issues considered
- Whether the applicant is entitled to withdraw the full amount deposited by the acquiring body despite pending appeals.
- Whether the policy limiting enhancements to four times the Land Acquisition Officer’s rate precludes the acquiring body from filing appeals and mandates full withdrawal of deposits.
Subjects
- land acquisition
- withdrawal of deposit
- railway project
- appeals
- enhancement policy
- civil application
Judgment
2026:BHC-AUG:44090
1 943-CA.9712-26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
943 CIVIL APPLICATION NO. 9712 OF 2026
IN FA/2282/2026
SANTOSH SHIVRAM KANHUJE
VERSUS
UNION OF INDIA
...
Advocate for Applicant : Mr. Bide Dnyaneshwar A.
Advocate for Respondent/UOI : Mr. N. T. Bhagat.
...
CORAM : MANJUSHA A. DESHPANDE, J.
DATE : 24.09.2026
PER COURT :-
1. Learned advocate appearing for the applicants is praying
for withdrawal of the entire amount deposited by the acquiring
body.
2. Learned advocate for acquiring body does not dispute
about the same.
3. It is submitted by the learned advocate for the applicant
that the land of the applicant has been acquired for
Ahmednagar-Beed-Parali Railway Line. There are almost 600+
appeals preferred by the acquiring body. In various matters,
this Court has allowed the claimants/applicants to withdraw
2 943-CA.9712-26.odt
100% of the amount deposited by the acquiring body. Learned
advocate for the applicant has specifically relied upon the
order dated 25.07.2025 passed by this Court in a group of Civil
Applications No.7662 of 2025 and others, wherein this Court
observed that the appeals have been filed against the award of
Reference Court in which enhancement is either just or more
than the four times than the rate granted by the Land
Acquisition Officer. In such cases, as per the policy invoked
then the enhancement is not more than four times. It is settled
position that the acquiring body should not resort to filing of
appeals. On the backdrop of this policy, this Court had allowed
the claimants to withdraw 100 % of the amount deposited by
the acquiring body. This position is not disputed by the learned
advocate Mr. Bhagat appearing for the acquiring body.
4. In view thereof, the civil application is allowed in terms
of prayer clause “B”. However, the withdrawal of amount is
permitted subject to usual undertaking given to the Registrar
(Judicial) of this Court within a period of eight (8) weeks from
today.
(MANJUSHA A. DESHPANDE, J.)
...
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