Ramesh Ramchandra Raut v. The Collector Through, The Special Land Acquisition Officer, M.I.W., Jalgaon

2025:BHC-AUG:9965-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3827 OF 2025 IN FA/1189/2021 WITH FIRST APPEAL NO. 1195 OF 2021 WITH FIRST APPEAL NO. 1198 OF 2021 WITH FIRST APPEAL NO. 1192 OF 2021 WITH CIVIL APPLICATION NO. 3828 OF 2025 IN FA/1187/2021 WITH CIVIL APPLICATION NO. 3829 OF 2025 IN FA/1194/2021 WITH CIVIL APPLICATION NO. 3837 OF 2025 IN FA/1188/2021 WITH CIVIL APPLICATION NO. 3844 OF 2025 IN FA/1200/2021 WITH CIVIL APPLICATION NO. 3841 OF 2025 IN FA/1197/2021 WITH CIVIL APPLICATION NO. 3833 OF 2025 IN FA/1191/2021 WITH CIVIL APPLICATION NO. 3830 OF 2025 IN FA/1193/2021

WITH CIVIL APPLICATION NO. 3839 OF 2025 IN FA/1199/2021 WITH CIVIL APPLICATION NO. 3831 OF 2025 IN FA/1201/2021 WITH CIVIL APPLICATION NO. 3843 OF 2025 IN FA/1190/2021 WITH CIVIL APPLICATION NO. 3835 OF 2025 IN FA/1196/2021 SHARDABAI RAMESH PATIL

VERSUS

THE COLLECTOR THROUGH, THE SPECIAL LAND ACQUISITION OFFICER, M.I.W., JALGAON ...

Advocate for Applicant : Mr. Kale Ajeet B.

AGP for Respondent No. 1 : Mr. S.N. Deshmukh Advocate for Respondent No. 2 : Mr. R.A. Tambe ...

CORAM :

NITIN B. SURYAWANSHI & MANJUSHA DESHPANDE, JJ.

DATE :

04th APRIL 2025 P.C.:- 1.

Heard.

2.

This application is filed for withdrawal of compensation amount deposited by respondent no. 2 / acquiring body. 3.

Learned Advocate for the acquiring body has opposed the application stating that the reference Court has enhanced 15 times

amount towards compensation. He submits that the valuer has prepared the valuation report in absence of the government authorities.

4.

Learned Advocate for the applicant/claimant points out that the 15 times enhancement is granted taking into consideration the sale instances relied upon by the applicants/claimants and the fruit bearing trees compensation is awarded on the line of the decision of this Court in connected first appeal.

5.

Taking into consideration the fact that the acquisition is of year 2008, we deem it appropriate to allow the application on following terms :

Applicants are permitted to withdraw the amount of compensation deposited by the acquiring body along with accrued interest thereon on furnishing usual undertaking to the satisfaction of Registrar (Judicial) of this Court.

(MANJUSHA DESHPANDE, J.) (NITIN B. SURYAWANSHI, J.) spc