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2026 DAILYLAW 4164 (BOM)

Vaibhav Haribhau Phad and Anr. v. The State of Maharashtra thr Collector Parbhani

CA/9299/2026 · 2026-08-18

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Judgment text

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1 928-ca-9299-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 9299 OF 2026 IN FA/3380/2023 Vaibhav Haribhau Phad And Anr. VERSUS The State Of Maharashtra Thr Collector Parbhani ... Mr. P. C. Mayure, Advocate for Applicants Mr. B. V. Virdhe, AGP for Respondents-State ... WITH CIVIL APPLICATION NO. 7904 OF 2023 IN FA/3380/2023 ….. CORAM : AJIT B. KADETHANKAR, J. DATED : 18TH AUGUST, 2026 P.C. :- CIVIL APPLICATION NO. 9299 OF 2026 . Applicants are the land loosers whose lands are acquired by the Acquiring Body for public purpose under the compulsory acquisition. The claimants/present applicants approached the Reference Court for enhancement of compensation. After ascertaining the evidence on record, the Reference Court enhanced the compensation, which constrained the Acquiring Body to file present First Appeal in this Court. 2026:BHC-AUG:37404 2 928-ca-9299-2026 2. While granting stay to the execution and operation of the judgment and award passed by the Reference Court, this Court directed the Acquiring Body to deposit 50% of the award amount. Accordingly such 50% award amount is deposited by the Acquiring Body in this Court. Now, this application is filed by the claimants seeking permission to withdraw the amount deposited by the Acquiring Body in this Court. 3. Looking to the facts of the case and the nature of objection/grounds mentioned in the First Appeal, I deem it appropriate to allow the application for the reasons that the sole source of livelihood of the claimants is acquired by the appellant/Acquiring Body. While permitting withdrawal, interest of the Acquiring Body also needs to be protected. It also cannot be overlooked that the Acquiring Body has not deposited the entire amount of compensation i.e. enhancement granted by the Reference Court. Hence, I pass following order: ORDER a. Civil Application is partly allowed. 3 928-ca-9299-2026 b. Claimants are permitted to withdraw the amount deposited by the Acquiring Body in this Court by executing a regular undertaking to the satisfaction of learned Registrar (Judicial) of this Court. c. Needless to mention, the withdrawal shall carry interest accrued on such deposit. d. Civil Application stands disposed of. ( AJIT B. KADETHANKAR, J. ) Rushikesh/2026