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Bombay High CourtCA/4203/2016disposed offdismissed for default

Bhaskar Namdeo Gholve And Others v. The State Of Maharashtra And ANR

2016-05-03Hon'Ble Shri Justice V.K. Jadhav3 pages

-1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4203 OF 2016 IN FAST NO. 33835 OF 2014 BHASKAR NAMDEO GHOLVE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS WITH CIVIL APPLICATION NO. 4226 OF 2016 IN FA NO. 1286 OF 2016 PRALHAD NAMDEV THOMBRE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS WITH CIVIL APPLICATION NO. 4207 OF 2016 IN FAST NO. 33866 OF 2014 DATTATRAYA DNYANOBA GHOLVE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS WITH CIVIL APPLICATION NO. 4209 OF 2016 IN FAST NO. 33617 OF 2014 DATTATRAYA DNYANOBA GHOLVE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS WITH CIVIL APPLICATION NO. 4210 OF 2016 IN FAST NO. 33670 OF 2014 SHRIKRISHNA LAXMAN GHOLVE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS WITH CIVIL APPLICATION NO. 4205 OF 2016 IN FAST NO. 33840 OF 2014 PRALHAD NAMDEV THOMBRE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS .....

Advocate for applicants-claimants: Mr. D.R. Jayabhar Advocate for applicants-claimants in C.A. No. 4210/16: Smt. A.D. Rakh AGP for respondent No.1: Mr. K.N. Lokhande and Mr. K.D. Mundhe Advocate for the respondent No.2: Mr. Anil M. Gaikwad .....

-2- CORAM : V. K. JADHAV, J.

DATED : 3rd MAY, 2016 PER COURT:- 1.

Leave to correct the prayer clauses in respective matter. 2.

Heard both sides.

3.

Learned counsel for the applicant submits that the award came to be passed in the year 2006 and Reference Court decided the Reference in the year 2014. The S.L.A.O. has awarded very meager amount of compensation and even though the Reference court has enhanced the compensation. The applicants, who are agriculture have not received any compensation.

4.

Learned counsel for the respondent-acquiring body submits that the Reference Court has awarded the compensation at exorbitant rate and even awarded the excessive compensation for fruit bearing trees.

5.

This court by considering the challenge to the enhanced award passed by the Reference court, directed the respondent acquiring body to deposit 50% amount only out of the award amount. In view of this, the claimants are permitted to withdraw the amount by

-3imposing certain conditions.

6.

The applicants-claimants are permitted to withdraw 75% of the amount deposited before the executing court, by furnishing undertaking and also permitted to withdraw remaining 25% of the amount on furnishing solvent surety to the satisfaction of the executing Court.

7.

All civil applications for withdrawal of amount are disposed of. ( V. K. JADHAV, J.) rlj/