Deepak Dattatray Hivare v. The State Of Maharashtra, Through The Collector, Latur And Others
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO.4255 OF 2021 IN FIRST APPEAL NO.2664 OF 2016 Sayyad Ghudan Shaffiuddin ... APPLICANT
VERSUS
The State of Maharashtra & ors.
... RESPONDENTS .......
Mrs. P.G. Sontakke, Advocate holding for Mr. G.K. Sontakke, Advocate for applicants Mr. N.T. Bhagat, A.G.P. for respondents No.1 and 2 Mr. S.G. Bhalerao, Advocate for respondent No.3. .......
WITH CA NO.4260/2021 IN FIRST APPEAL NO.2668/2016, CA NO.4256/2021 IN FIRST APPEAL NO.2670/2016, CA NO.4257/2021 IN FIRST APPEAL NO.2667/2016, CA NO.4262/2021 IN FIRST APPEAL NO.2669/2016, CA NO.4264/2021 IN FIRST APPEAL NO.2666/2016, CA NO.4259/2021 IN FIRST APPEAL NO.2665/2016, . . . . . .
CORAM :
MANGESH S. PATIL AND R. G. AVACHAT, JJ.
DATE :
11th MARCH, 2022.
PER COURT :
Heard learned counsel for the parties. These Civil Applications have been moved for withdrawal of the amount/s in deposit with this Court. The applicants were owners of the lands acquired for public purpose. They had preferred Land
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Acquisition Reference/s for enhancement of compensation offered by the Land Acquisition Officer. Their L.A.Rs. were allowed. Both, the applicants on one hand and the acquiring body on the other, preferred appeal/s, taking exception to judgment and award passed in the L.A.Rs. The amount in deposit with this Court is of compensation payable to the applicants. There is, however, dispute over the quantum payable to each of the applicants. There are connected matters as well. Those are pending for hearing. 2.
Since there is a dispute over the quantum of compensation payable to the applicants herein, for the present we propose to pay the applicants the amount over which the acquiring body has no objection. A chart prepared by the acquiring body has been placed on record. The same is marked as "X" for identification. As per the said chart, the amount stated hereinbelow is payable to the respective applicant/s :- Civil Appln. No.
Name of the Applicant/s Amount (Rs.) CA No.4255/2021 in FA No.2664/2016 Sayyad Ghudan Shaffiuddin 1,50,39,081/- CA No.4260/2021 in FA No.2668/2016 Ravi Govind Hivare 2,79,26,783/-
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CA No.4256/2021 in FA No.2670/2016 Ramrao Govind Hivare, Died L.Rs.
Mathurabai Ramrao Hivare & anr.
3,84,32,857/- CA No.4257/2021 in FA No.2667/2016 Govind Dattatray Hivare 2,79,15,748/- CA No.4262/2021 in FA No.2669/2016 Deepak Dattatray Hivare 2,81,29,942/- CA No.4264/2021 in FA No.2666/2016 Kiran Ramrao Hivare 4,18,82,942/- CA No.4259/2021 in FA No.2665/2016 Manmath Yadhav Shivpule & anr.
4,49,01,752/- 3.
In view of there being no objection to pay the applicant/s the amount/s stated as against their names, for the present, each of the applicants be paid the same along with interest accrued thereon.
(R.G. AVACHAT, J.) (MANGESH S. PATIL, J.) fmp/-