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Bombay High CourtCA/641/2022disposed off

Mangalabai Mahalingappa Karanjkar v. The State Of Maharashtra And ORS

2022-01-21Hon'Ble Shri Justice Vinay Joshi3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 639 OF 2022 IN FIRST APPEAL (ST) No. 30312 OF 2019 RAMESHWAR MAHALINGAPPA KARANJKAR ..APPELLANT

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS AND CIVIL APPLICATION NO. 640 OF 2022 IN FIRST APPEAL (ST) No. 30309 OF 2019 HARISHCHANDRA BHIMRAO SURNAR ..APPELLANT

VERSUS

THE STATE OF MAHARASHTRA AND ORS.

..RESPONDENTS AND CIVIL APPLICATION NO. 641 OF 2022 IN FIRST APPEAL (ST) No.30301 OF 2019 MANGALABAI MAHALINGAPPA KARANJKAR ..APPELLANT

VERSUS

THE STATE OF MAHARASHTRA AND ORS. ..RESPONDENTS AND CIVIL APPLICATION NO. 642 OF 2022 IN FIRST APPEAL (ST) No.3021 OF 2019 SHAIKH HANIFABEE YASINAAB ..APPELLANT

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS AND

CIVIL APPLICATION NO. 643 OF 2022 IN FIRST APPEAL (ST) No.30292/2019 UTTAM LALU RATHOD AND ANOTHER ..APPELLANTS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS AND CIVIL APPLICATION NO. 644 OF 2022 IN FIRST APPEAL (ST) No.30296 OF 2019 VINAYAK SHANKAR SURNAR ..APPELLANT

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS Advocate for the Appellant :

Mr. P. C. Mayure A.G.P for Respondents/State :

Mr. B. V. Virdhe CORAM : VINAY JOSHI, J.

DATE : 21.01.2022.

PER COURT :- Heard.

2.

Issue notice to the respondents. Learned A.G.P. waives service of notice for respondents.

3.

This is an application of original claimants seeking withdrawal of compensation amount. Since the Land Acquisition Ofcer has awarded inadequate compensation, the applicant has fled Land Acquisition Reference in terms of

section 18 of the Land Acquisition Act, 1894 for enhacement of compensation. It is submitted that the Special Land Acquisition Ofcer has granted compensation at the rate of Rs. 640 per Are which has been enhanced by the reference Court at the rate of Rs 3158/- per Are. The applicant has quoted some sale instances before reference Court in support of their contention, claiming enhancement.

4.

Having regard to the claim, sale instances and reasoning assigned by the reference Court, the applicant is permitted to withdraw 50% of the deposited amount on furnishing usual undertaking and 25% of the deposited amount on furnishing solvent surety to the satisfaction of the Registrar ( Judicial) of this Court.

( VINAY JOSHI ) JUDGE ysk