Prabhat Sadashiv Naik and Anr., Vs the Executive Engineer, Works Division-Iii (Phe) Panaji and Anr. — Bombay HC (2025) — LawSathi Research

Prabhat Sadashiv Naik and Anr., Vs the Executive Engineer, Works Division-Iii (Phe) Panaji and Anr. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Withdrawal of 50% of the deposited amount of Rs. 4,43,276/- along with accrued interest permitted through the Registry; instructions sought from the State on the time-frame for depositing the balance amount in terms of the award dated 27.09.2016; application listed on 14.11.2025.

Issue for consideration

Whether the applicants are entitled to withdraw 50% of the additional compensation amount of Rs. 4,43,276/- deposited in Court by the acquiring body, and within what period the acquiring body must deposit the balance amount in terms of the award dated 27.09.2016.

Court's answer

The Court permitted the applicants to withdraw 50% of the amount deposited in Court (Rs. 4,43,276/-), directing the registry to allow withdrawal of that sum together with the interest accrued thereon.

Ratio / Principle

The Court directed the Additional Government Advocate (Ms. Linhares) to obtain instructions as to the period within which the acquiring body shall deposit the balance amount in terms of the award dated 27.09.2016, and listed the Misc. Civil Application for further hearing on 14.11.2025.

Detailed headnote1 paragraphs

Land Acquisition Compensation – Deposit – Interlocutory order in Misc. Civil Application No.477 of 2024 arising out of First Appeal No.5 of 2017, admitted challenge to the award dated 27.09.2016 of the reference Court (Ad-hoc District Judge-2 (FTC), Panaji, in Land Acquisition Case No.1/2023) wherein compensation was granted at Rs.250/- per square metre against the claim of Rs.1200/- per square metre. The respondent Executive Engineer, Works Division-III (PHE), Panaji deposited Rs.4,43,276/- as additional compensation, while the applicants (through Senior Advocate R.G. Ramani) contended the compensation was actually computed at Rs.4,96,096.86 and sought withdrawal of half the deposit. Bharati Dangre, J. permitted withdrawal of 50% of the deposited amount together with accrued interest through the Registry, directed the Additional Government Advocate to obtain instructions on the period for depositing the balance amount in terms of the award, and listed the application for 14.11.2025.

MCA 477 of 2024

Amrut

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO.477 OF 2024 IN FIRST APPEAL NO.5 OF 2017

PRABHAT SADASHIV NAIK AND ANR., ... APPLICANT Versus THE EXECUTIVE ENGINEER, WORKS DIVISION-III (PHE) PANAJI AND ANR., ... RESPONDENTS

Mr. R.G. Ramani, Senior Advocate with Mr. Vinayak Nevrekar, Advocate for the Applicants.

Ms. Susan Linhares, Additional Government Advocate for the Respondents.

CORAM:- BHARATI DANGRE, J. DATED :- 19th September, 2025

P.C.:

The First Appeal is filed being aggrieved by the award dated 27.09.2016, by the Ad-hoc District Judge-2 (FTC), Panaji Goa, in Land Acquisition Case No.1/2023, where the compensation is awarded at the rate of 113/- per square metre and being aggrieved by the amount of Rs.250/- per square metre being granted as against the claim of Rs.1200/- per square metre.

The aforesaid appeal is admitted by this Court.

The learned Senior Counsel Mr Ramani by inviting my attention to the Misc. Civil Application No.477 of 2024 submit that the respondent Executive Engineer, Works Division-III has deposited an

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amount of Rs.4,43,276/- as an additional amount of compensation awarded by reference Court. According to the applicants, the compensation is computed much higher amount than what is deposited and in fact, according to the learned Senior Counsel, the compensation is worked out at Rs.4,96,096.86. It is specifically stated that the amount of compensation which is deposited is a meagre amount, and the applicants are entitled to 50% of the amount which shall be permitted to be withdrawn.

As far as the balance additional compensation is concerned, the application also seek its deposit within a stipulated period.

As I permit withdrawal of 50% of the amount that is deposited in the Court, let Ms Linhares, appearing for the State, obtain instructions as to within what period of time the acquiring body shall deposit the balance amount in terms of the award dated 27.09.2016.

The registry shall permit withdrawal of 50% of the amount along with the interest accrued thereon.

For this purpose, list the Misc. Civil Application on 14.11.2025.

BHARATI DANGRE, J.

Signed by: AMRUT NAGESH TARI Designation: Private Secretary Date: 20/09/2025 19:43:11

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