Bombay High Court
SHANTARAM GANGARAM MUNGAJI DECEASED THROUGH HIS LEGAL HEIRS SMT. CHANDRABHAGA SHANTARAM MUNGAJIversusTHE STATE OF MAHARASHTRA THROUGH THE SPECIAL LAND ACQUISITION OFFICER, RAIGAD
- Decided
- Disposal
- Disposed Off
Holding
The Court permitted the applicant to withdraw the deposited amount and disposed of the interim application.
Summary
The State of Maharashtra, represented by the Special Land Acquisition Officer, appealed an award that directed payment of compensation at Rs.715 per square meter to the heirs of the deceased Shantaram Gangaram Mungaji. The claimants had filed cross‑objections seeking enhancement of the compensation. The Court, noting that the land in question was situated in Bambavi village, Raigand district, allowed the applicant (the State) to withdraw the amount it had deposited, subject to terms it deemed appropriate. The interim application seeking further relief was disposed of, and the Court directed a telephonic reminder to the reference court to forward the record and proceedings. A hearing was listed for 22 September 2026, and parties were permitted to obtain copies of relevant documents.
Issues considered
- Whether the applicant may withdraw the deposited compensation amount pending the appeal
Subjects
- land acquisition
- compensation
- cross‑objection
- appeal
- interim application
- withdrawal of deposit
Judgment
46-FA-1069-2026.doc
Vivekanand
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally
signed by
VIVEKANAND
VIVEKANAND RAJENDRA
CIVIL APPELLATE JURISDICTION
RAJENDRA BONDE
BONDE Date:
2026.09.01
18:35:42
+0530
FIRST APPEAL NO. 1069 OF 2026
The State Of Maharashtra
Through The Special Land
Acquisition Officer, Raigad … Appellant
V/s.
Shantaram Gangaram Mungaji
Deceased Through His Legal
Heirs Smt. Chandrabhaga
Shantaram Mungaji … Respondent
WITH
CROSS OBJECTION (ST) NO. 25075 OF 2026
WITH
INTERIM APPLICATION NO. 6789 OF 2026
IN
FIRST APPEAL NO. 1069 OF 2026
Mr. A. R. Patil, Addl. GP, for Appellant/Applicant.
Mr. Shriram Kulkarni a/w Mr. Gaurav Ugale, for
Respondent in First Appeal & Applicant in IA.
CORAM : AMIT BORKAR, J.
DATED : SEPTEMBER 1, 2026
P.C.:
INTERIM APPLICATION NO. 6789 OF 2026
1. The Award directs payment of compensation @ Rs.715/-
PSM.
2. The claimants have already filed cross-objections for
enhancement, whereas the State has filed an Appeal challenging
the Award.
1
46-FA-1069-2026.doc
3. However, considering the fact that the land acquired is from
village Bambavi, Tal. Panvel, Dist. Raigad, in my opinion, the
Executing Court shall permit the applicant to withdraw the
deposited amount on such terms as it deems fit.
4. The Application is disposed of.
5. Reminder should be given telephonically to the Reference
Court for sending Record and proceedings of the present matter.
6. List on 22 September 2026.
7. Parties are at liberty to take out copies of relevant documents
of record.
(AMIT BORKAR, J.)
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