Madhukar S/O Nivrutti Andhale v. The State Of Maharashtra Thr Collector, Beed
2024:BHC-AUG:9371 15-CA-2936-24-w.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO. 2936 OF 2024 IN FAST/8480/2022 MADHUKAR S/O NIVRUTTI ANDHALE
VERSUS
THE STATE OF MAHARASHTRA THR COLLECTOR, BEED ...
Advocate for Applicant : Mr. Suhas R. Shirsat AGP for Respondents No.1 and 2 : Mr. P. D. Patil Advocate for Respondent No.3 : Mr. B. R. Survase ...
CORAM : S. G. MEHARE, J.
DATE : 26-04-2024 PER COURT :- 1.
Heard the learned counsel for the applicant and learned counsel for respondent No.3 and learned A.G.P. for State. 2.
Learned counsel for respondent No.3 opposed the application contending that the compensation has been enhanced more than ten times of the compensation determined by the Special Land Acquisition O7cer. He submits that the impugned award has been passed, based upon opinion of the Expert. The valuer did not issue notice to respondent No.3, while visiting and inspecting the :eld. Therefore, the applicants may not be allowed to withdraw the entire amount.
3.
Per contra, the learned counsel for the applicant submits that the Reference Court has speci:cally observed that
15-CA-2936-24-w.odt respondent No.3 failed to produce the material on the basis of which the Special Land Acquisition O7cer had valued the land and fruit bearing trees. Prima facie, it appears that there is a vast di;erence in compensation granted in two awards. However, fact remains that there were fruit bearing trees too in the acquired land. Therefore, to maintain the balance between the interest of all, the following order is passed;
ORDER
i) The application is partly allowed.
ii) The applicant is permitted to withdraw 60% of the amount with proportionate interest deposited with this Court, on furnishing undertaking that he would deposit the amount, if the impugned judgment and award is reversed.
iii) The balance amount be invested in the :xed deposit in any Nationalized bank as per rules.
( S. G. MEHARE ) JUDGE rrd