Suklal Bhaga Bhil And ORS v. Ex. Engineer, Medium Irrigation Project Div. Jalgaon And Others

1 988(a)-ca-3344-2021+.doc

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3344 OF 2021 IN FIRST APPEAL NO. 1572 OF 2019 Shivdas Babu Bhil and others ... Applicants

Versus

Executive Engineer Medium Irrigation Project Division, Jalgaon and another ... Respondents AND CA NO. 3358 OF 2021 IN FIRST APPEAL NO. 1562 OF 2019 CA NO. 3346 OF 2021 IN FIRST APPEAL NO. 1573 OF 2019 CA NO. 3352 OF 2021 IN FIRST APPEAL NO. 1567 OF 2019 CA NO. 3370 OF 2021 IN FIRST APPEAL NO. 1565 OF 2019 CA NO. 3372 OF 2021 IN FIRST APPEAL NO. 1583 OF 2019 CA NO. 3349 OF 2021 IN FIRST APPEAL NO. 1574 OF 2019 CA NO. 3350 OF 2021 IN FIRST APPEAL NO. 1580 OF 2019 CA NO. 3351 OF 2021 IN FIRST APPEAL NO. 1578 OF 2019 CA NO. 3353 OF 2021 IN FIRST APPEAL NO. 1579 OF 2019 CA NO. 3354 OF 2021 IN FIRST APPEAL NO. 1568 OF 2019 CA NO. 3355 OF 2021 IN FIRST APPEAL NO. 1581 OF 2019 CA NO. 3356 OF 2021 IN FIRST APPEAL NO. 1561 OF 2019 CA NO. 3357 OF 2021 IN FIRST APPEAL NO. 1564 OF 2019 CA NO. 3367 OF 2021 IN FIRST APPEAL NO. 1566 OF 2019 CA NO.

3368 OF 2021 IN FIRST APPEAL NO. 1577 OF 2019 CA NO. 3369 OF 2021 IN FIRST APPEAL NO. 1570 OF 2019 CA NO. 3371 OF 2021 IN FIRST APPEAL NO. 1563 OF 2019 CA NO. 3373 OF 2021 IN FIRST APPEAL NO. 1582 OF 2019 CA NO. 6125 OF 2021 IN FIRST APPEAL NO. 1569 OF 2019 ....

Mr. V. B. Patil, Advocate for the applicants Mr. Chetan T. Jadhav, Advocate for respondent No.1 Mr. S. S. Dande, AGP for the State ....

2 988(a)-ca-3344-2021+.doc CORAM : R. G. AVACHAT, J.

DATED : 23rd JULY, 2021 PER COURT :- .

Heard.

2.

All these civil applications are filed for withdrawal of the amount.

3.

However, in Civil application Nos. 3346 of 2021, the applicants also pray for bringing legal representatives of deceased Renu, on record. So also, in Civil Application No. 3358 of 2021, the applicants also pray for bringing legal representatives of deceased Pralhad, on record. The legal heirs of the deceased (Renu and Pralhad) are permitted to be brought on record. 4.

Learned Advocate for the appellant - acquiring body submits that the hike is on very higher side. The land Acquisition Officer has granted compensation @ Rs.1,20,000/-, while the Reference Court has enhanced it to Rs.10,00,000/- (Rupees Ten Lakh) per Hectare. Moreover, the interest has been awarded from the date of taking possession of the land. In short, according to the learned Advocate, he has very good case in appeals.

3 988(a)-ca-3344-2021+.doc 5.

Considering the submissions advanced by the learned Advocate for the appellant and the applicants as well, the applicants in all civil applications are permitted to withdraw 45% of the amount deposited in this Court. The amount be transmitted to the Reference Court for being paid to the applicants there on usual terms.

6.

The civil applications stand disposed of accordingly. [ R. G. AVACHAT, J. ] SMS