Keshav Nagnath Pawar v. The Ex. Engineer, Minor Irrigation Division, G.M.I Thr M.B. Kade And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

26 CIVIL APPLICATION NO.3524 OF 2022 IN FA/2893/2018 KESHAV NAGNATH PAWAR

VERSUS

THE EX. ENGINEER, MINOR IRRIGATION DIVISION, G.M.I THR M.B. KADE AND ANOTHER ...

Advocate for Applicant : Mr. Prashant K. Deshmukh. Advocate for Respondent No.1 : Mr. S. C. Arora. AGP for Respondent/State: Mr. S. P. Deshmukh. ...

CORAM :

SHRIKANT D. KULKARNI, J.

DATE :

28th March, 2022.

P.C.:

.

It is an application for withdrawal of compensation amount moved by the applicant/claimant.

Heard Mr. P. K. Deshmukh, learned counsel for applicant/original claimant, Mr. S. C. Arora, learned counsel for respondent No.1 and Mr.Deshmukh, learned AGP for respondent No.2/State. Mr. S. C. Arora, learned counsel for respondent No.1 and Mr.Deshmukh, learned AGP for respondent No.2/State strongly opposed to allow this application. They submitted that the Reference Court has awarded exorbitant compensation amount in respect of land in addition to compensation to the trees.

Mr. P. K. Deshmukh, learned counsel for applicant/claimant invited my attention that the SLAO was pleased to award compensation to the acquired land at the rate of Rs.29/- per R, which comes to Rs.1160/- per Acre, which is quite below from the market price. He submitted that the Reference Court was pleased to enhance the same at Rs.724/- per R, which is also inadequate. He, therefore, urged to allow this application.

I have considered the submissions of learned Advocates appearing for both the sides as well as the learned AGP for the State. It is a practice followed by this Court to allow the claimants arising out of land acquisition matters to withdraw 75% of the amount of compensation deposited by the acquiring body with accrued interest. 50% on furnishing undertaking and 25% on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court. I do not find any reason to take any different view. The SLAO seems to have awarded compensation at the rate of Rs.1160/- per Acre, which prima-facie appears to be very much inadequate. Therefore, I proceed to pass the following order:

O R D E R

I.

The application is hereby allowed as under:

II.

The applicant/claimant is permitted to withdraw 50% of

the amount of compensation with accrued interest thereon on furnishing usual undertaking with the Registrar (Judicial) of this Court.

III.

The applicant/claimant is further permitted to withdraw 25% of the amount of compensation with accrued interest thereon on furnishing solvent surety/security of the like amount to the satisfaction of the Registrar (Judicial) of this Court.

IV.

Remaining 25% balance amount of compensation with accrued interest thereon shall be invested in fixed deposit account in any Nationalized Bank for a period of one year with renewal clause.

V.

The application is accordingly disposed of.

[ SHRIKANT D. KULKARNI, J. ] nga