Rama Tatoba Darade v. The State Of Maharashtra, Through The Collector, Osmanabad And ANR

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.5692 OF 2023 IN FA/2747/2019 WITH CA/5699/2023 IN FA/2753/2019 WITH CA/5697/2023 IN FA/2749/2019 WITH CA/5700/2023 IN FA/2755/2019 WITH CA/5695/2023 IN FA/2756/2019 WITH CA/5701/2023 IN FA/2748/2019 WITH CA/5698/2023 IN FA/2752/2019 WITH CA/5693/2023 IN FA/2757/2019 WITH CA/5694/2023 IN FA/2754/2019 WITH CA/5696/2023 IN FA/2750/2019 Mr. G. K. Sontakke, advocate for the Applicants Mr. B. V. Virdhe, AGP for Respondent No.1.

Mr. V. C. Solshe, advocate for Respondent No.2. CORAM : SANDIPKUMAR C. MORE, J.

DATE : 03rd July, 2023.

PC :

Heard rival submissions.

All these applications are fled for modifcation of the order dated 04.11.2020 whereby these applicants were

{2} allowed to withdraw the entire amount of compensation along with interest i.e. 50% on usual undertaking, 25% on furnishing solvent security/surety and remaining 25% on furnishing bank guarantee.

The respective applicants have already withdrawn their 75% amounts which were permitted to be withdrawn by furnishing usual undertaking and solvent security/surety. Only the balance amounts of 25% are to be withdrawn for which the applicants are seeking withdrawal on furnishing solvent security/surety instead of bank guarantee. The learned Counsel for the applicants submitted the chart and pointed out that the learned Reference Court has enhanced the amount of compensation within the limit of four times in some matters and some matters it is marginally increased.

However, learned Counsel for the appellantacquiring body pointed out that the learned Reference Court has clearly observed in the operative part of the order that the aforesaid enhanced amounts of compensation are in addition to the compensation granted by the SLAO and no amounts of

{3} compensation granted by the SLAO should be deducted from the same.

Thus, it appears that the submission made by the learned Counsel for the applicants that the amounts of compensation are well within the limit of four times, is not proper one. In view of the same, I am not inclined to modify the order of this Court dated 04.11.2020.

In view of the same, all these Civil Applications stand rejected and are disposed of accordingly. (SANDIPKUMAR C. MORE) JUDGE adb