Raghunath Mahadeo Sakhare v. The State Of Maharashtra And ORS

C.A.No.408/2018 (912)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO.408 OF 2018 IN FIRST APPEAL NO.3859 OF 2017 Raghunath Mahadeo Sakhare ..Applicant

Versus

The State of Maharashtra and ors.

..Respondents Mr L.C. Patil, Advocate for applicants Mrs V.N. Patil Jadhav, AGP for respondent no.1 Mr S.C.Arora, Advocate for respondents no.2 and 3 CORAM : S.V. GANGAPURWALA & A.M. DHAVALE, JJ Date : 9th March 2018 PER COURT 1.

The appeal filed by the acquiring body against the order under Section 18 of the Land Acquisition Act is admitted. Pursuant to the order passed by this Court, the acquiring body has deposited the amount under reference. The learned Counsel for the acquiring body submits that exorbitant compensation has been awarded by the reference Court. The award under earlier reference is blindly relied by the reference Court while enhancing the compensation. The saledeed of small piece of land is considered. 2.

While considering the claim of the applicant, the interest of the acquiring body will also have to be considered. It appears that at the time of granting enhanced compensation, the deduction on account of of development has not been considered. Considering the above, we pass the following order:

C.A.No.408/2018 (912) (a) The applicant is permitted to withdraw 25% amount on furnishing undertaking to Court to the effect that in the event, the applicants are directed to deposit the amount withdrawn, the applicant shall deposit the amount within one month. (b) The applicant is allowed to withdraw 25% amount by furnishing solvent surety of the like amount.

(c) The applicant is further allowed to withdraw 25% amount by furnishing Bank guarantee of any Scheduled Bank. (d) Remaining amount of 25% be kept in the Nationalised Bank. 3.

Civil Application disposed of.

( A.M. DHAVALE, J.) ( S.V. GANGAPURWALA, J.) vvr