Extracted from the PDF above. The PDF is authoritative.
1 943-CA.9712-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 943 CIVIL APPLICATION NO. 9712 OF 2026 IN FA/2282/2026 SANTOSH SHIVRAM KANHUJE VERSUS UNION OF INDIA ... Advocate for Applicant : Mr. Bide Dnyaneshwar A. Advocate for Respondent/UOI : Mr. N. T. Bhagat. ...
CORAM : MANJUSHA A. DESHPANDE, J.
DATE : 24.09.2026 PER COURT
:-
1. Learned advocate appearing for the applicants is praying for withdrawal of the entire amount deposited by the acquiring body.
2. Learned advocate for acquiring body does not dispute about the same.
3. It is submitted by the learned advocate for the applicant that the land of the applicant has been acquired for Ahmednagar-Beed-Parali Railway Line. There are almost 600+ appeals preferred by the acquiring body. In various matters, this Court has allowed the claimants/applicants to withdraw 2026:BHC-AUG:44090
2 943-CA.9712-26.odt 100% of the amount deposited by the acquiring body. Learned advocate for the applicant has specifically relied upon the
order dated 25.07.2025 passed by this Court in a group of Civil Applications No.7662 of 2025 and others, wherein this Court observed that the appeals have been filed against the award of Reference Court in which enhancement is either just or more than the four times than the rate granted by the Land Acquisition Officer. In such cases, as per the policy invoked then the enhancement is not more than four times. It is settled position that the acquiring body should not resort to filing of appeals. On the backdrop of this policy, this Court had allowed the claimants to withdraw 100 % of the amount deposited by the acquiring body. This position is not disputed by the learned advocate Mr. Bhagat appearing for the acquiring body.
4. In view thereof, the civil application is allowed in terms of prayer clause “B”. However, the withdrawal of amount is permitted subject to usual undertaking given to the Registrar (Judicial) of this Court within a period of eight (8) weeks from today.
(MANJUSHA A. DESHPANDE, J.) ... vmk/-