The Union Of India Through General Manager And Another v. Natharam Laxman Bochre And Others

2025:BHC-AUG:20268 69-wp-5155-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5155 OF 2024 The Union Of India Through General Manager And Another

VERSUS

Natharam Laxman Bochre And Others ...

Adv. Ansari Asfia Nuzhat, for the Petitioners Mr. N. D. Raje, AGP for Respondents-State Mr. A. D. Bide, Advocate for Respondent nos.1 and 2 .....

CORAM : ROHIT W. JOSHI, J.

DATED : 28TH JULY, 2025 PER COURT :- .

The learned Counsel for the petitioners tendered copy of judgment dated 13.02.2019, passed by this Court in Writ Petition No.13136 of 2018 and other connected matters. She states that the controversy in the present petition is covered by the said judgment.

2.

The learned Advocate for the respondent nos.1 and 2/land owners as also the learned AGP appearing for respondent nos.3 and 4 do not dispute the statement. 3.

In view of the above, Writ Petitions are disposed of in the following terms:

(a) The petitioners are directed to deposit 50 percent of the amount mentioned in the impugned award passed by the Lok Adalat with the learned Reference Court calculating interest

69-wp-5155-2024 upto 30.07.2025. The said amount be deposited on or before 30.09.2025. Request for extension of time will not be entertained.

(b) If the said amounts are not deposited, the defence of the acquiring body in the LAR proceedings shall be sruck off.

(c) In the event, the amount is so deposited, the respondents/land owners are permitted to withdraw the amount to be deposited by the petitioners as per their shares in the property. (d) Each of the land owners would enter an affidavit undertaking that if excess amounts are received, pursuant to the final decision in the proceedings, the said excess amounts would be re-deposited in the LAR Court within 8 weeks from the decision, without interest. After 8 weeks, the said amounts will accrue interest @ 4 percent per annum till re-deposited. Of course, this is subject to further litigation in such cases. 4.

Writ Petition is disposed of accordingly.

5.

Civil Application, if any, stands disposed of. ( ROHIT W. JOSHI, J. ) Rushikesh/2025