Hirabai Vasant Kalange v. Deputy Chief Engineer,South-Central Railway, Construction Division No.2, Nanded Dist Nanded And ANR
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO.5011 OF 2023 IN FAST/8356/2020 HIRABAI VASANT KALANGE VS DEPUTY CHIEF ENGINEER,SOUTH-CENTR AL RAILWAY, CONSTRUCTION DIVISION NO.2, NANDED DIST NANDED AND ANR AND CIVIL APPLICATION NO.7088 OF 2023 IN FAST/8380/2020 LAXMAN SUKHA BORDE DIED THR LRS SOPAN L BORDE AND ORS VS DEPUTY CHIEF ENGINEER, (CONSTRUCTIONS) SOUTH CENTRAL RAILWAY, NANDED AND ANR AND CIVIL APPLICATION NO.7374 OF 2023 IN FAST/8376/2020 KACHRU KISAN ZIMAN VS DEPUTY CHIEF ENGINEER,SOUTH-CENTR AL RAILWAY, CONSTRUCTION DIVISION NO.2, NANDED DIST NANDED AND ANR AND CIVIL APPLICATION NO.5188 OF 2023 IN FAST/8366/2020 BHAGINATH VITHAL GHODKE AND ANR VS DEPUTY CHIEF ENGINEER,SOUTH-CENTR AL RAILWAY, CONSTRUCTION DIVISION NO.2, NANDED DIST NANDED AND ANR AND CIVIL APPLICATION NO.5012 OF 2023 IN FAST/8373/2020
(2) DATTU BHIKA BORDE AND ORS VS DEPUTY CHIEF ENGINEER,SOUTH-CENTR AL RAILWAY, CONSTRUCTION DIVISION NO.2, NANDED DIST NANDED AND ANR AND CIVIL APPLICATION NO.5187 OF 2023 IN FAST/8361/2020 SHIVAJI BABU GADHEKAR VS DEPUTY CHIEF ENGINEER,SOUTH-CENTR AL RAILWAY, CONSTRUCTION DIVISION NO.2, NANDED DIST NANDED AND ANR ...
Mr. D. A. Bide h/f Mr. V. B. Wayal, Advocate for the Applicants. Mr. A. B. Chate, AGP for Respondents-State.
Mr. S. W. Mundhe, Advocate for Respondent No.1. ...
CORAM : S. G. CHAPALGAONKAR, J.
DATE : 04th AUGUST, 2023.
PER COURT:- 1.
Heard the learned Advocate appearing for the applicants and the respondents.
2.
Mr. Bide, learned Advocate appearing for the applicants points out that the Reference Court after considering the comparative sale instances allowed the Land Acquisition Reference, thereby granting enhanced compensation, which is not even two times of the compensation awarded by the Land Acquisition Officer. He submits that going by evidence on record the enhancement could have been atleast four times.
(3) 3.
Mr. Mundhe, learned Advocate appearing for the respondents opposes the withdrawal on the ground that there are good grounds in appeals and appeals can be heard finally by fixing early date of hearing.
4.
Having considered the submissions advanced and after going through the reasons as given by the Reference Court while allowing the enhanced compensation, it is apparent that the marginal enhancement has been granted, which is supported by the strong evidence. In that view of the matter, it would be appropriate to permit the applicants to withdraw the amount deposited by the appellants subject to certain conditions. Hence, the following order:-
ORDER
a.
Civil Applications are allowed.
b.
The applicants are permitted to withdraw the entire amount deposited by the appellants with Registrar (Judicial) of this Court alongwith accrued interest thereon subject to usual undertaking.
c.
Civil Applications are disposed of.
(S. G. CHAPALGAONKAR) JUDGE Devendra/August-2023