Pandurang Rayaji Parkhe v. The Executive Director Gmidc Through The Executive Engineer Minor Irrigation Division No 1 And ORS

910ca3386.24

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 910 CIVIL APPLICATION NO. 3386 OF 2024 IN FA/3202/2023 MALANBAI KISAN PARKHE

VERSUS

THE EXECUTIVE DIRECTOR GMIDC THROUGH THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION NO 1 AND ORS ...

Advocate for Applicant : Mr. Hajare Abhishek Madhukar Advocate for Respondent No. 1 : Mr. S.G. Bhalerao AGP for Respondents/State : Mr. A.S. Shinde ...

AND 911 CIVIL APPLICATION NO. 3387 OF 2024 IN FA/3200/2023 PANDURANG RAYAJI PARKHE

VERSUS

THE EXECUTIVE DIRECTOR GMIDC THROUGH THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION NO 1 AND ORS ...

Advocate for Applicant : Mr. Hajare Abhishek Madhukar Advocate for Respondent No. 1 : Mr. S.G. Bhalerao AGP for Respondents/State : Mr. A.S. Shinde ...

CORAM : S. G. MEHARE, J.

DATE : 07th MAY, 2024.

PER COURT :

1.

Heard the learned Counsel for the applicants respectively and the learned Counsel for the respondents.

910ca3386.24 2.

The applicants have impugned the judgment and award of the reference Court mainly on the ground that the class of land was incorrectly considered and the sale instance, which was available with the Land Acquisition Officer, has not been considered and granted the time. He relief on the decision of the full Bench judgment reported in State of Maharashtra vs. Kailash Shiva Rangari AIR 2016, Bom. 141.

3.

Learned Counsel for the applicants submits that in similarly situated matters the appellants have decided not to prefer appeal as it is not more than four times of the award. In such circumstances, the following order :

ORDER

a) The applications are partly allowed.

b) The respective applicants are allowed to withdraw of 75% of the amount deposited with this Court with proportionate interest on undertaking to re-deposit the money, if the impugned judgment and award is reversed.

( S. G. MEHARE ) JUDGE mahajansb/