Bombay High Court

RAGHO ALIAS RAGHA KAMLYA KOLI AND ORS.versusTHE STATE OF MAHARASHTRA THROUGH THE SPECIAL LAND ACQUISITION OFFICER

Decided: 8 September 2026
Disposal: Disposed Off

Holding

The claimants may withdraw the deposited amount subject to an undertaking to repay with interest if the final decision is unfavorable.

Summary

The appeal concerns a land acquisition dispute between the State of Maharashtra (Special Land Acquisition Officer) and several claimants led by Ragho Alias Ragha Kamlya Koli. The claimants had deposited an amount pending determination of compensation, and an interim application was filed seeking permission to withdraw that deposit. The High Court noted that both it and the reference court had fixed the compensation rate at Rs.1380 per unit for the same village. Accordingly, the Court allowed the claimants to withdraw the deposited sum, provided they execute an undertaking to repay the amount with interest at the prevailing bank rate if the final decision is adverse to them. The interim application was therefore disposed of.

Issues considered

What is the appropriate procedure for withdrawal of a deposited amount pending final compensation determination in a land acquisition case?

Subjects

land acquisition
deposit withdrawal
interim relief
compensation rate
undertaking
interest

Judgment

                                                                                        4-FA-1177-26(i)+.doc


                                                                                             Sayali
                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          Digitally signed
SAYALI    by SAYALI
          DEEPAK                               CIVIL APPELLATE JURISDICTION
DEEPAK    UPASANI
          Date:
UPASANI   2026.09.09
          18:27:46 +0530

                                                FIRST APPEAL NO.1177 OF 2026
                                                           WITH
                                            INTERIM APPLICATION NO.6964 OF 2026

                             Ragho Alias Ragha Kamlya Koli and
                             Others                                          ...Applicants
                             In the matter between
                             The State of Maharashtra Thr. The
                             Special Land Acquisition Officer                … Appellant
                                        V/s.
                             Ragho Alias Ragha Kamlya Koli and
                             Others                                          … Respondents

                             Mr. A. R. Patil, Additional GP for Appellant-
                             Mr. Sachin Punde, for Respondents-Applicants.

                                                          CORAM       : AMIT BORKAR, J.

                                                          DATED       : SEPTEMBER 08, 2026
                             P.C.:
                                            INTERIM APPLICATION NO.6964 OF 2026

                             1.      Considering the fact that this Court has granted a rate of Rs.
                             1380/- in respect of the same village and the Reference Court has
                             granted the same rate, the claimants are permitted to withdraw the
                             deposit amount subject to filing of the usual undertaking stating that,
                             in case the decision goes against the claimants, the claimants shall
                             repay the amount withdrawn along with the interest at the prevailing
                             bank rate.

                             2.      The Interim application is disposed of.

                                                                               (AMIT BORKAR, J.)



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