Sadananad Kamal Patil And ORS. v. Regional Officer

Kavita S.J.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1533 OF 2026 IN FIRST APPEAL NO.1760 OF 2025 IN L.A.R. NO.21 OF 2014 Shri Sadanand Kamal Patil & Ors., ...Applicants/ Original Claimants In the matter between:

Regional Officer, Maharashtra Industrial Development Corporation ...Appellant/ Original Non-Applicant No.3

Versus

Shri Sadanand Kamal Patil & Ors.,

...Respondent

Nos.1 to 11 (Org. Claimants) & Respondent No.12 (Org. Non-Applicant No.1) ---------- Mr. Sachin Punde a/w Deepa Punde for Applicant/Original Respondent.

Mr. Prashant Chawan, Senior Counsel a/w Mr. Meet Vora and Ms. Hasmita Patel i/b Navdeep Vora & Associates for Appellant - MIDC. ---------- CORAM : R.I. CHAGLA AND KAVITA SUSHIL JADHAV ADVAIT M. SETHNA, JJ.

by KAVITA SUSHIL JADHAV Date: 2026.05.07 17:38:02 +0530 DATED : 6th MAY, 2026.

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ORDER :

1.

By this Interim Application, the Applicants are seeking permission to withdraw the amount of Rs.5,25,27,116/- alongwith accrued interest, deposited by the Appellant in this Court with First Appeal (St.) No.9203 of 2025 arising out of Land Acquisition Reference No.21 of 2014.

2.

The Applicants have stated that the Appellant deposited the said amount alongwith accrued interest in this Court on 20th September, 2025. The First Appeal preferred by the Appellant challenges the impugned Judgment and Order dated 27th September, 2023 and was at that point of time pending for admission and has now been admitted on 26th March, 2026.

3.

The Appellant has also preferred a group of First Appeals with respect to the same village and same Notification which have been admitted by this Court and this Court was pleased to direct the Respondents to withdraw 60% on Indemnity Bond and 40% to be invested in Fixed Deposit with respect to the awarded amount deposited in this Court. A similar order is being sought by the Applicants.

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4.

We have considered the submissions in the Application as well as noted the fact that the Applicants have also filed cross objection for enhancement of the awarded amount. The Applicants have stated that they are suffering from financial difficulties. This apart from the fact that in the other First Appeals filed by the Appellant, orders have been passed to the effect of withdrawal of 60% on Indemnity Bond and 40% to be invested in Fixed Deposit with respect to the awarded amount.

5.

Accordingly, we allow the Applicants to withdraw 60% of the deposited amount subject to furnishing of the Indemnity Bond / Security to the satisfaction of the Registrar (Judicial) of this Court and balance 40% shall be invested in the Fixed Deposit. 6.

The Interim Application is disposed of in the above terms. There shall be no orders as to costs. 7.

The Appellant is permitted to file Paper Book in the First Appeal No.1760 of 2025 which shall be filed, within a period of six weeks from today.

[ ADVAIT M. SETHNA, J. ] [ R.I. CHAGLA, J. ] 3/3