Sudhakar Neminath Ambekar-Jain v. The State Of Maharashtra Through The Special Land Acquisition Officer, Jayakwadi Pro. Aurangabad An
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
911 CIVIL APPLICATION NO.7004 OF 2022 IN FAST/39041/2019 SANJAY NEMINATH AMBEKAR-JAIN
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE SPECIAL LAND ACQUISITION OFFICER, JAYAKWADIPRO. AURANGABAD AN ...
Advocate for Applicant : Mr. D. A. Bide.
AGP for Respondent/State: Mr. A. B. Chate.
...
AND 912 CIVIL APPLICATION NO.7005 OF 2022 IN FAST/39044/2019 GANESH NEMINATH AMBEKAR-JAIN
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE SPECIAL LAND ACQUISITION OFFICER, JAYAKWADIPRO. AURANGABAD AN ...
Advocate for Applicant : Mr. D. A. Bide.
AGP for Respondent/State: Mr. A. B. Chate.
...
AND 920 CIVIL APPLICATION NO.7071 OF 2022 IN FAST/39014/2019 SUDHAKAR NEMINATH AMBEKAR-JAIN
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE SPECIAL LAND ACQUISITION OFFICER, JAYAKWADIPRO. AURANGABAD AN ...
Advocate for Applicant : Mr. D. A. Bide.
AGP for Respondent/State: Mr. S. P. Deshmukh ...
CORAM :
SHRIKANT D. KULKARNI, J.
DATE :
05th May, 2022.
P.C.:
.
These are the applications for withdrawal of compensation amount moved by the respective applicants/claimants. Heard Mr. Bide, learned counsel for the respective applicants/ claimants and the learned AGPs the State in respective matters. It is revealed during the course of argument that the State/acquiring body has deposited the amount of compensation with the Reference Court / Executing Court. The Executing Court was pleased to reject the applications for withdrawal of compensation amount mainly on the ground that the appeal is sub-judice before this Court.
Only because the appeal is sub-judice before this Court is not a ground to reject the application for withdrawal of compensation. The approach of the Reference Court / Executing Court appears to be hyper technical. As the amount is deposited with the Reference Court / Executing Court, it is necessary to issue directions to the Reference Court / Executing Court as under:
O R D E R
I.
The applications are disposed of with following directions to the Reference Court / Executing Court:
II.
The respective applicants/claimants shall file fresh applications for withdrawal of compensation with the Reference Court / Executing Court within a week from today.
III.
Upon receiving such applications for withdrawal of compensation from the respective applicants/ claimants, the Reference Court / Executing Court shall decide the same on their own merits in the light of the orders passed by this Court regarding withdrawal of compensation in various civil applications as a guiding factor.
IV.
The Reference Court / Executing Court shall not reject the applications for withdrawal of compensation only because the appeal is sub-judice before this Court. V.
After receiving such applications for withdrawal of compensation, the Executing Court shall decide the same thereafter, within a week after giving an opportunity of being heard to both the sides. VI.
The applications are accordingly disposed of in view of above directions.
[ SHRIKANT D. KULKARNI, J. ] nga