Shri. Shridhar Changu Thakur And ORS v. The State Of Maharashtra Through Special Land Acquisition Officer, Metro Centre No. 3, Panvel

ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10273 OF 2019 WITH WRIT PETITION NO. 9583 OF 2019 Shri. Shridhar Changu Thakur and Ors ....Petitioners V/s.

The State of Maharashtra through .....Respondent Special Land Acquisition Offcerr Metro Centre No. 3r Panvel Mr. Sachin S. Punde for the Petitioner in both petitions Smt. M. S. Bane AGP in WP 10273 of 2019 Mr. P. P. Pujari AGP in WP 9583/2019 CORAM :

NITIN W. SAMBREr J.

DATE:

FEBRUARY 23r 2021.

P.C.:

1] I am informed that frst Appeal preferred by the State government against the award delivered under Section 11 of the Land Acquisition Act is already dismissed whereas the cross objection of the Petitioner is allowed thereby enhancing the compensation. 1/3

2] From the facts it can be noticed that land was acquired on 24th September 1986 and for almost last more than 30 years complete compensation at enhanced rate is not paid.

3] Learned AGP informs that after more than 5 yearsr Review proceedings are initiated in 2021 seeking review of the Judgment of the First Appellate Court whereby Appeal of the State was dismissed and Petitioners cross Appeal came to be allowed. 4] This cannot be the reason for putting the Petitioner to an unreasonable condition. I am informed by the learned counsel for the Petitioner that in Writ Petition No. 9583/2019 in addition to the amount of which withdrawal is permittedr Rs. 7r15r971/- is yet to be deposited by the Respondent-State whereas in Writ Petition No. 10273/2019r it is Rs. 2r93r22r217/-.

5] In that view of the matter the incorporation of unreasonable condition of furnishing property extracts with the indemnity bond is 2/3

unreasonable and as such it is directed that the Petitioner shall furnish an undertaking on affdavit and indemnity bond for the amount of which he has sought withdrawal.

6] Petition stands allowed in the above terms.

[NITIN W. SAMBREr J.] 3/3