The Ex. Engineer, Waghur Dam Division, Jalgaon And ORS v. Balu Dattatray Patil

{1} drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1190 OF 2020 IN CIVIL APPLICATION NO. 14460 OF 2019 IN FIRST APPEAL STAMP NO.35156 OF 2019 The Executive Engineer, Waghur Dam Division Jalgaon and Others APPLICANTS

VERSUS

Rajanibai Sitaram Patil RESPONDENT .......

Mr. Suresh D. Dhongade, Advocate for the applicants Mr. V. B. Patil, Advocate for the claimants Mr. S. S. Dande, AGP for Co-applicants / original respondents No. 1 to 3 - State .......

AND CIVIL APPLICATION NO. 1191 OF 2020 IN CIVIL APPLICATION NO. 14462 OF 2019 IN FIRST APPEAL STAMP NO.35167 OF 2019 AND CIVIL APPLICATION NO. 1192 OF 2020 IN CIVIL APPLICATION NO. 14458 OF 2019 IN FIRST APPEAL STAMP NO.35153 OF 2019 AND CIVIL APPLICATION NO. 1193 OF 2020 IN CIVIL APPLICATION NO. 14456 OF 2019 IN FIRST APPEAL STAMP NO.35159 OF 2019 AND

{2} CIVIL APPLICATION NO. 1194 OF 2020 IN CIVIL APPLICATION NO. 14454 OF 2019 IN FIRST APPEAL STAMP NO.35163 OF 2019 AND CIVIL APPLICATION NO. 1195 OF 2020 IN CIVIL APPLICATION NO. 14452 OF 2019 IN FIRST APPEAL STAMP NO.35170 OF 2019 [CORAM : SUNIL P. DESHMUKH AND M. G. SEWLIKAR, JJ.] DATE : 4 th NOVEMBER, 2020 ORDER :

1.

Mr. Dhongade, learned advocate appearing on behalf of applicants - acquiring body, requests and appeals to further extend the period to deposit the amount granted by this court, purporting to refer to various difficulties being faced in collection of funds and depositing the amount as per order. He further purports to refer to that 75% of the amount has already been deposited in this court and requests that further period of four months be granted to deposit balance of 25% amount. 2.

Mr. Patil, learned advocate appearing on behalf of claimants grumbles that despite extension being granted once, only 75% of the amount has been deposited, while lands were acquired long back in the year 2007. The claimants have been deprived of their principal source of income. The land acquisition

{3} officer had granted very meagre compensation, wheres reference court as well has not enhanced compensation amount pursuant to prevailing market rate on the date of section 4 notification. He purports to refer to that in one of the similar matters this court has further enhanced compensation granted to the claimants. He, therefore, submits that in such a case, further extension of time requested is unreasonable and acquiring body shall deposit the amount as early as possible, preferably by end of November, 2020.

3.

Looking at aforesaid, we reluctantly indulge into the request made on behalf of the acquiring body. As such, it would be in the interest of all to extend the period for depositing the balance amount up to 15th January, 2021.

4.

Accordingly, period to deposit the balance amount is extended up to 15th January, 2021.

5.

Civil applications accordingly stand disposed of. [M. G. SEWLIKAR] [SUNIL P. DESHMUKH] JUDGE JUDGE drp/ca1190-20