Devidas Gangadhar Jadhav v. Executive Engineer Minor Irrigation Div. Chhatrapati Sambhajinagar And ANR

915-CA.874-24 & ors.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 915 CIVIL APPLICATION NO. 874 OF 2024 IN FAST/20419/2023 DEVIDAS GANGADHAR JADHAV

VERSUS

EXECUTIVE ENGINEER MINOR IRRIGATION DIV.

CHHATRAPATI SAMBHAJINAGAR AND ANR WITH CIVIL APPLICATION NO. 8659 OF 2023 IN FAST/20419/2023 WITH CIVIL APPLICATION NO. 8660 OF 2023 IN FAST/20419/2023 .....

Advocate for Applicants : Mr. Shelke Avishkar S. AGP for Respondents-State : Mrs. M. L. Sangit. Advocate for Respondent No.1 : Ms. Ranjana D. Reddy. .....

CORAM : S. G. MEHARE, J.

DATE :

01.03.2024 PER COURT :- 1.

Heard the respective learned counsels.

2.

The house of the applicant has been acquired under Land Acquisition Act. Considering the market price and shortage of the residential premises, the award has been granted only for Rs.2,33,861/-. It is really surprising that for such a meager amount the State is expending money on litigation. The applicant has good case. Hence, the following order is passed :

915-CA.874-24 & ors.odt

O R D E R

(i) The application is allowed.

(ii) Applicant is permitted to withdraw entire amount deposited with this Court with accrued interest with an undertaking to deposit the money, if the impugned judgment and award is reversed.

(iii) The applicant being old, the money deposited with this Court be transferred to the Court of Senior Division, Vaijapur. After received the amount, the Reference Court should release the amount to the applicant on the above undertaking.

(iv) List the matter in due course.

(S. G. MEHARE, J.) ...

vmk/-