Bombay High Court

MARUTI RAMA JOSHI (SINCE DECEASED THR. LRS.) AND ORS.versusTHE STATE OF MAHARASHTRA (THROUGH DEPUTY COLLECTOR (LAND ACQUISITION)

Decided: 18 August 2026
Disposal: Disposed Off

Holding

The court allowed the withdrawal of the compensation amount, subject to an undertaking to refund if the final decision is adverse.

Summary

The appellants filed an interim application seeking withdrawal of the compensation amount awarded in a land acquisition proceeding. The court noted a recent judgment in the same village confirming a compensation rate of Rs.1,725, which was higher than the rate granted by the Reference Court in the present case. Based on this, the court found that the appellants had a sufficient basis to withdraw the amount. The application was therefore allowed, subject to the appellants filing an undertaking to refund the withdrawn sum if the final decision turns against them. The appellants must file the undertaking within four weeks, and any refund must be made within eight weeks of an adverse decision. The interim application was subsequently disposed of.

Issues considered

Whether the appellants are entitled to withdraw the compensation amount awarded under the land acquisition proceedings

Subjects

Land Acquisition
Compensation
Withdrawal of Compensation
Interim Application
Undertaking
Reference Court Rate

Judgment

                                                                             28-IA-13069-2025.doc


                      Shabnoor
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION

                                    INTERIM APPLICATION NO.13069 OF 2025
                                                     IN
                                         FIRST APPEAL NO.835 OF 2026

SHABNOOR              Maruti Rama Joshi (Since Deceased)
AYUB                  Through LRs & Ors.                           … Appellants
PATHAN
Digitally signed by
                                 V/s.
SHABNOOR AYUB
PATHAN                The State of Maharashtra
Date: 2026.08.18
18:09:22 +0530        Through Deputy Collector
                      Land Acquisition                             … Respondent

                      Mr. A. R. Patil, Addl. GP, for the Appellants/Applicants.
                      Ms. Harshada Shrikhande, Mr. Saurabh D. Bhutala, fo
                      the Applicant in IA, for Respondent in FA.


                                                    CORAM    : AMIT BORKAR, J.

                                                    DATED    : AUGUST 18, 2026
                      P.C.:

                      1.      The application is filed for withdrawal of the compensation
                      amount. In my opinion, considering the recent judgment of this
                      Court in respect of the same village, wherein the rate of Rs.1,725/-
                      has been confirmed, and since the Reference Court has granted a
                      higher rate than the rate granted by the Reference Court in the
                      present matter, the applicants have made out a case for permitting
                      them to withdraw the amount. Hence, the application is allowed in
                      terms of prayer clause (a).

                      2.      The applicants shall file an undertaking before this Court
                      stating that, in the event the decision goes against them, they shall




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                                                   28-IA-13069-2025.doc


refund the withdrawn amount to the State within eight weeks
from the date of such decision. Such undertaking shall be filed
within a period of four weeks from today.

3.   The Interim Application stands disposed of.


                                            (AMIT BORKAR, J.)




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