Vasant Sona Chavan v. The Collector Through, The Special Land Acquisition Officer, M.I.W., Jalgaon

2025:BHC-AUG:10844

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 945 CIVIL APPLICATION NO. 4129 OF 2025 IN FAST/5783/2021 Vijay Shridhar Jadhav ....Applicant

VERSUS

The Collector Through, The Special Land Acquisition Offcer, M.i.w., Jalgaon .....Respondent .....

WITH CIVIL APPLICATION NO. 4136 OF 2025 IN FAST/5751/2021 WITH CIVIL APPLICATION NO. 4133 OF 2025 IN FAST/5778/2021 WITH CIVIL APPLICATION NO. 4134 OF 2025 IN FAST/5788/2021 WITH CIVIL APPLICATION NO. 4135 OF 2025 IN FAST/5793/2021 WITH CIVIL APPLICATION NO. 4130 OF 2025 IN FAST/5773/2021 .....

Ms. S. A. Kale h/f Mr. Kale Ajeet B., Advocate for Applicants Mr. Rajdeep D. Raut, AGP for the Respondent No.1 - State Mr. R. A. Tambe,Advocate for Respondent No.2 .....

AND CIVIL APPLICATION NO. 4561 OF 2021 IN FAST/5751/2021 The Tapi Irri. Devlopment Offcer, Thr The Ex. Engineer, M.i.w. Jalgaon And Anr .....Applicants

VERSUS

Pabibai Sursing Rathod .....Respondent ....

WITH CIVIL APPLICATION NO. 4555 OF 2021 IN FAST/5773/2021 WITH CIVIL APPLICATION NO. 4553 OF 2021 IN FAST/5778/2021 WITH CIVIL APPLICATION NO. 4551 OF 2021 IN FAST/5783/2021 WITH CIVIL APPLICATION NO. 4557 OF 2021 IN FAST/5788/2021 WITH CIVIL APPLICATION NO.4559 OF 2021 IN FAST/5793/2021 .....

Mr. Tambe Rahul A., Advocate for Applicants Ms. S. A. Kale h/f Mr. A. B. Kale, Advocate for the Respondents

CORAM

:

NEERAJ P. DHOTE, J.

DATE :

09.04.2025 PER COURT :

[I] ORDER IN APPLICATIONS FOR WITHDRAWAL OF AMOUNT :- 1.

These are the Applications for withdrawal of the amount by the Applicants / Original Claimants, who are the Respondents in the Appeals fled by the Acquiring Body challenging the Judgment and Award passed by the learned Reference Court in Land Acquisition Proceedings.

2.

Heard the learned Advocate for the Applicants, learned AGP for Respondent No.1 - State and the learned Advocate for Respondent No.2 - Acquiring Body.

3.

It is brought to the notice of this Court that, the Division Bench, by order dated 04/04/2025 in Civil Application No.3827/2025 in First Appeal No.1189/2021 and connected Civil Applications had granted similar request, wherein, the enhancement was 15 times. There is no dispute that, the Acquiring Body has deposited 60% amount in this Court and by these Applications, the Applicants are seeking withdrawal of the said amount in terms of the said order of Division Bench. Perusal of the said order shows that, the Applicants therein were 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 the Registrar [Judicial] of this Court.

4.

In view of the above, these Applications are allowed in terms of the said order dated 04/04/2025, passed in Civil Application No.3827/2025 in First Appeal No.1189/2021 and connected Civil Applications. Civil Applications are disposed off accordingly.

[II] ORDER IN APPLICATIONS FOR STAY :- 1.

These are the Applications for stay fled by the Acquiring Body.

2.

There was interim order directing the Acquiring Body to deposit the 60% amount under the Award. There is no dispute that, the Acquiring Body has deposited the said amount. Hence, the said interim stay dated 06/05/2021 is made absolute. 3.

Civil Applications are disposed off accordingly. [NEERAJ P. DHOTE, J.] Sameer/April-2025 Signed by: Md. Sameer Q.

Designation: PA To Honourable Judge Date: 15/04/2025 14:41:17