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Sh. Marwadi Rajasthan Education Society v. The State of Maharashtra

Civil Appeal · 2018 INSC 636Decided 23 Jul 2018
Civil Appeal No. 6870 of 2018
Justice Kurian Joseph · Justice Sanjay Kishan Kaul

Background

The appellant society's land had been acquired by the State, and compensation money for it was lying deposited in the Reference Court pending resolution of a dispute. The society approached the Supreme Court seeking permission to withdraw this deposited compensation amount. Since the interests of both sides could be protected through appropriate conditions, the Court found it unnecessary to even issue notice to the respondents before deciding the matter.

Decision Breakdown

The Supreme Court condoned the delay in filing, granted leave to appeal, and then directly addressed the withdrawal request. It permitted the appellant to withdraw 50% of the deposited compensation amount without furnishing any security, and allowed withdrawal of the remaining 50% upon furnishing security to the satisfaction of the Reference Court. The Court clarified that this arrangement would apply both to amounts already deposited and to any further deposits made in the future. The appeal was disposed of in these terms.

Lesson Learnt

When compensation for acquired land is held up in court pending a dispute, a claimant can seek interim release of a portion of the funds (often half) without security, with the balance releasable on furnishing security: a practical way to access part of one's money while the underlying dispute continues.

Official source (sci.gov.in)View Judgment (PDF)

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