Chintaman Shivram Chavhan and Anr. Vs the Tapi Irrigation Dev. Cor. Thr the Ex. Engineer, Minor Irrigation Jalgaon — Bombay HC (2025) — LawSathi Research

Chintaman Shivram Chavhan and Anr. Vs the Tapi Irrigation Dev. Cor. Thr the Ex. Engineer, Minor Irrigation Jalgaon — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Withdrawal of 75% of the amount deposited by the Acquiring Body together with interest accrued thereon, subject to furnishing the usual undertaking to the satisfaction of the Registrar (Judicial); remaining 25% retained in a Nationalized Bank fixed deposit renewed yearly till disposal of the Appeal.

Issue for consideration

Whether the Applicant (Original Claimant) should be permitted to withdraw the amount deposited by the Acquiring Body with this Court pending disposal of Appeal FAST/14948/2020, and on what conditions. +1 more

Court's answer

The Applicant is permitted to withdraw 75% of the amount deposited by the Acquiring Body along with interest accrued thereon, subject to furnishing the usual undertaking to the satisfaction of the Registrar (Judicial) of this Court.

Ratio / Principle

The remaining 25% of the deposited amount is to be placed in Fixed Deposit in any Nationalized Bank on a yearly basis, to be renewed from time to time till disposal of the Appeal.

Detailed headnote1 paragraphs

High Court of Judicature at Bombay, Bench at Aurangabad (Neeraj P. Dhote, J.), order dated 06.05.2025 — Civil Application No. 921/4956 of 2025 in FAST/14948/2020 (land acquisition, M.I.W., Jalgaon). The Original Claimant applied for withdrawal of the entire amount deposited by the Acquiring Body with the Court. Noting that the Reference Court's enhancement was five (5) times the Special Land Acquisition Officer's award, that the Applicant had not received a single pai till date, that the Acquiring Body had recently deposited the amount under the Award, and that in connected Appeals from the same acquisition proceedings and same Award the Court had already permitted similarly placed Claimants to withdraw 75% on usual undertaking by order dated 21.04.2025 in Civil Application No. 4125 of 2025, the Court permitted the Applicant to withdraw 75% of the deposited amount along with accrued interest, subject to furnishing the usual undertaking to the satisfaction of the Registrar (Judicial); the remaining 25% is to be kept in Fixed Deposit in any Nationalized Bank on yearly renewal till disposal of the Appeal. The objection that interest had been granted from the Section-4 Notification instead of the date of the SLAO's Award did not alter the outcome. Application disposed of accordingly.

 1 921CA4956.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD.

921 CIVIL APPLICATION NO. 4956 OF 2025 IN FAST/14948/2020

Chintaman Shivram Chavhan VERSUS

The Collector Through The Special Land Acquisition Officer, M.i.w. Jalgaon And Another

Ms Sakshi Kale h/f Mr. Ajeet B. Kale - Advocate for Applicant Mr. D. J. Patil - AGP for State

Mr. Prashant R. Nangre – Advocate for Respondent No. 2

CORAM : NEERAJ P. DHOTE, J. DATED : 06^TH MAY 2025

PER COURT : -

This is the Application by the Original Claimant for

withdrawal of the entire amount deposited by the Acquiring Body with this Court.

The learned Advocate for the Applicant submits that the enhancement made by the learned Reference Court is just five (5) times of the compensation awarded by the Spl. Land Acquisition Officer. She submits that the Applicant has not received a single pai till date. She submits that this Court in connected Appeals arising out of the same acquisition proceedings and same Award, has permitted the similarly placed Claimants to withdraw 75% of the amount on furnishing usual undertaking by order dated 21.04.2025 passed in Civil Application No.4125 of 2025 and connected Applications. She submits that recently

SG Punde

 2 921CA4956.2025.odt

the Acquiring Body has deposited the amount under the Award and therefore, the Application be allowed.

The Application is opposed by the learned Advocate for the Acquiring Body. He submits that, though the enhancement is five (5) times, the interest is granted from Section-4 Notification which ought to have been from the date of Award by the SLAO. Hence, he submits that the Application be rejected.

The learned AGP for the State submits that appropriate orders be passed.

Considering the above submissions, the Applicant is permitted to withdraw 75% of the amount along with Interest accrued thereon deposited by the Acquiring Body, subject to furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court. The remaining 25% amount be deposited in Fixed Deposit in any Nationalized Bank on yearly basis which would be renewed from time to time till disposal of the Appeal. Application stands disposed off accordingly.

[NEERAJ P. DHOTE]

JUDGE

Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 08/05/2025 16:24:26

SG Punde