Trimbak Vishwanath Chikate Died His Lrs Padminbai And Others v. The Chief Engineer(Construction) Central Railway, Mumbai And Others

1 CA 1064/2016 group

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 922 CIVIL APPLICATION NO. 1064 OF 2016 IN FA/197/2014 WITH FA/199/2014 WITH CA/1065/2016 IN FA/204/2014 WITH CA/1066/2016 IN FA/198/2014 WITH CA/1067/2016 IN FA/203/2014 WITH CA/1071/2016 IN FA/200/2014 WITH CA/1073/2016 IN FA/201/2014 Chandrakant S/o. Dharma Chikate And Others.

.. Applicants.

Versus

The Chief Engineer (Construction) Central Railway, Mumbai And Others.

.. Respondents.

-------- Shri. S.S. Halkude, Advocate, for applicants. Shri. D.V. Soman Advocate, for respondent No.1. Shri. K.N. Lokhande, Assistant Government Pleader, for respondent Nos.2 and 3.

---------- CORAM: T.V. NALAWADE, J.

DATE : 29th JANUARY 2016 ORDER:

1) The applications are filed for permission to withdraw the amount deposited by the acquiring body. Heard both the sides. Seen the judgment and award. It appear that sale instances in respect of Non Agricultural

2 CA 1064/2016 group lands are considered. It appears that the claimants claimed that their lands had N.A. potentiality in view of its distance from Latur city.

2) In view of the reasoning given and the different between the rate given by the Land Acquisition Officer of Rs.2380 per R and the rate given by the Reference Court of Rs.6,500/- per R, this Court holds that 75% of the amount can be released subject to giving undertaking by the applicant.

3) In the result, the applications are allowed. The claimants are allowed to withdraw 75% of the amount of compensation along with statutory benefits subject to furnishing undertaking by the claimants of deposit of the amount with the same rate of interest if the acquiring body succeeds.

Sd/- (T.V. NALAWADE, J. ) rsl