Dnyaneshwar Himmat Ghate v. The State Of Maharashtra Through Collector, Jalgaon And Others

2025:BHC-AUG:11795

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

CIVIL APPLICATION NO. 4125 OF 2025 IN FAST/22522/2020 Dnyaneshwar Himmat Ghate The State Of Maharashtra Through Collector, Jalgaon And Others CIVIL APPLICATION NO. 4076 OF 2025 IN FAST/22565/2020 Thagubai Narayan Nikalje CIVIL APPLICATION NO. 4124 OF 2025 IN FAST/22515/2020 Umesh Murlidhar Deshmukh Shri. D. J. Patil, AGP for Respondent / State. Shri. Rahul A. Tambe, Advocate for Respondent No.2 36 CIVIL APPLICATION NO. 4077 OF 2025 IN FAST/22561/2020 Vitthalrao Yashwantrao Bhosle (died) Through Lrs And Others Shri. R. B. Dhaware, AGP for Respondent / State. Shri. Rahul A. Tambe, Advocate for Respondent No.2

CIVIL APPLICATION NO. 4080 OF 2025 IN FAST/15214/2020 Prakash Vasudev Patil Shri. Ajeet B. Kale, Advocate for the Applicant Shri. Rajdeep D. Raut, AGP for Respondent / State. Shri. Rahul A. Tambe, Advocate for Respondent No.2 39 CIVIL APPLICATION NO. 4090 OF 2025 IN FAST/32963/2021 Anna Himmat Gaikwad CIVIL APPLICATION NO. 4091 OF 2025 IN FAST/32960/2021 Dhrupatabai Mohan Patil (died) Thr Lrs Gansing And Ors The Collector, The The Special Land Acquisition Officer, M.i.w., Jalgaon Shri. R. B. DHaware, AGP for Respondent / State. Shri. Rahul A. Tambe, Advocate for Respondent No.2 40 CIVIL APPLICATION NO. 4093 OF 2025 IN FAST/22514/2020 Rajendra Kailas Patil WITH CIVIL APPLICATION NO. 4094 OF 2025 IN FAST/22545/2020 Tukaram Vitthal Wagh (died) Thr Lrs Rajendra And Ors

Shri. Rajdeep D. Raut, AGP for Respondent Nos.1 and 2 / State. Shri. Rahul A. Tambe, Advocate for Respondent No.3 41 CIVIL APPLICATION NO. 4096 OF 2025 IN FAST/22558/2020 Pandurang Yashwant Bhosle Shri. Ajeet B. Kale, Advocate for the Applicant Shri. D. J. Patil, AGP for Respondent Nos.1 and 2 / State. Shri. Rahul A. Tambe, Advocate for Respondent No.3 43 CIVIL APPLICATION NO. 4103 OF 2025 IN FAST/22528/2020 Saroj Sudam Patil The State Of Maharashtra, Through Collector, Jalgaon CIVIL APPLICATION NO. 4104 OF 2025 IN FAST/22538/2020 Sumanbai Rajaram Bhosle Shri. Rajdeep D. Raut, AGP for Respondent Nos.1 and 2 / State. Shri. Rahul A. Tambe, Advocate for Respondent No.3 44 CIVIL APPLICATION NO. 4105 OF 2025 IN FAST/22503/2020

Shobhabai Baliram Nikam (died) Thr Lrs Piran And Ors The Ex. Engineer, M.i.w. Jalgaon And Ors CIVIL APPLICATION NO. 4106 OF 2025 IN FAST/22508/2020 Keval Dharma Patil The Ex. Engineer, M.I.W. Jalgaon And Ors Shri. D. J. Patil, AGP for Respondent Nos.1 and 2 / State. Shri. Rahul A. Tambe, Advocate for Respondent No.3 CORAM : NEERAJ P. DHOTE, J.

Dated : APRIL 21, 2025 PER COURT :- .

These are the Applications by the Original Claimants for withdrawal of the entire amount deposited by the Acquiring Body with this Court.

2.

The learned Advocate for the Applicants submits that the enhancement made by the learned Reference Court is just five (5) times the compensation awarded by the Spl. Land Acquisition Officer. He submits that the Applicants have not received a single pai till date. He submits that recently the Acquiring Body has deposited the amount under the Award and therefore, the Application be allowed. 3.

The Applications are opposed by the learned Advocate for the Acquiring Body. He submits that, though the enhancement is five (5)

times, the interest is granted from Section-4 Notification which ought to have been from the date of Award by the SLAO. Hence, he submits that the Applications be rejected.

4.

The learned AGP for the State submits that appropriate orders be passed.

5.

Considering the above submissions, the Applicants are permitted to withdraw 75% of the amount deposited by the Acquiring Body, subject to furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court. The remaining 25% amount be deposited in Fixed Deposit in any Nationalized Bank on yearly basis which would be renewed from time to time till disposal of the Appeals. Applications stand disposed off accordingly.

( NEERAJ P. DHOTE, J. ) GGP Signed by: Gajanan G. Punde Designation: PA To Honourable Judge Date: 24/04/2025 17:04:34