Laxminarayan Rameshwar Murkya And ORS v. Executive Engineer, Divisional Officer, Parbhani And ORS

31-CA-3594-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 31 CIVIL APPLICATION NO. 3594 OF 2020 IN FAST/6433/2019 LAXMINARAYAN S/O RAMESHWAR MURKYA AND OTHERS

VERSUS

EXECUTIVE ENGINEER, DIVISIONAL OFFICE, PARBHANI AND OTHERS ......

Advocate for Applicants : Mr. Rathi Swapnil S. Advocate for Respondent No. 1 : Mr. S. G. Karlekar AGP for Respondent Nos. 3 and 4 : Mr. P. M. Kulkarni .....

CORAM : V. K. JADHAV, J.

DATED : 23TH OCTOBER, 2020 PER COURT :- 1.

Heard both sides.

2.

It appears that the Special Land Acquisition Officer has awarded compensation at the rate of Rs. 58,000/- per hectare, whereas the reference court has enhanced the compensation amount at the rate of Rs.1,20,000/- per hectare i.e. less than three times of the compensation awarded by the Special Land Acquisition Officer. Considering the same, I am inclined to permit the applicants/original claimants to withdraw the entire amount of compensation vre/-

31-CA-3594-2020.odt deposited before this Court along with accrued interest, if any, on certain conditions. Hence, the following order:

ORDER

I.

The Civil Application is hereby allowed.

II.

Out of the amount deposited before this Court, the applicants/original claimants are permitted to withdraw 50% amount on furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court, 25% amount on furnishing solvent surety and remaining 25% amount along with accrued interest, if any, on furnishing bank guarantee of any scheduled bank, to the satisfaction of the Registrar (Judicial) of this Court.

III. Civil Application is accordingly disposed off. ( V. K. JADHAV, J. ) ...

vre/-