Ganpati Dattatrya Sonar Died Through Legal Reprsentative And ANR v. The State Of Maharashtra And ORS

2025:BHC-AUG:11814

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 31 CIVIL APPLICATION NO. 4058 OF 2025 IN FA/1379/2024 Shivaji Babruwan Godase

Versus

The State Of Maharashtra And Ors.

WITH CIVIL APPLICATION NO. 4060 OF 2025 IN FA/1376/2024 Nana Babruwan Goase

Versus

The State Of Maharashtra And Ors.

WITH CIVIL APPLICATION NO. 4059 OF 2025 IN FA/1375/2024 Ganpati Dattatrya Sonar Died Through Legal Reprsentative And Anr.

Versus

The State Of Maharashtra And Ors.

WITH CIVIL APPLICATION NO. 4063 OF 2025 IN FA/1373/2024 Nagnath Ranganth Torambakar

Versus

The State Of Maharashtra And Ors.

WITH CIVIL APPLICATION NO. 4061 OF 2025 IN FA/2049/2024 Rangubai Tukaram Mane

Versus

The State Of Maharashtra And Ors.

WITH 1/3

CIVIL APPLICATION NO. 4062 OF 2025 IN FA/1374/2024 Ganpati Dattatrya Sonar Died Through LRs Pandurang And Ors.

Versus

The State Of Maharashtra ...

Mr. L. C. Patil, Advocate For Applicants Mr. S. P. Joshi, AGP for Respondent Nos. 1 and 2 Mr. S. S. Dande, Advocate for Respondent No. 3 ...

CORUM :

S. G. CHAPALGAONKAR, J.

DATE :

17th APRIL, 2025 ORDER :

1.

Heard the parties.

2.

These applications are for withdrawal of the amount of compensation deposited by the Acquiring Body in this Court, pursuant to the impugned judgment and award.

3.

It is pointed out that learned Special Land Acquisition Officer had awarded compensation @ 310 to 360 per R which is enhanced to Rs. 2720/- per R by the learned Reference Court. 4.

The applications are opposed by the learned Advocate Mr. Dande stating that the enhancement is exorbitant as it is more than 8 to 9 times of the award by the Special Land Acquisition Officer. 5.

Even the enhanced amount is Rs. 2720/- per R, considering that the lands are acquired in the year 2006, this Court is inclined to pass following order :

2/3

O R D E R

(i) The applications are partly allowed and disposed off. (ii) The applicants are allowed to withdraw 75% of compensation amount with accrued interest deposited in this Court on furnishing usual undertaking to Registrar (Judicial) of this Court, which shall be made part of appeal record.

(iii) Balance 25% of the amount be invested in fixed deposit in any Nationalized Bank to be renewed from time to time till the disposal of the appeal/s.

[S. G. CHAPALGAONKAR] JUDGE ks_kamble/ 3/3