Bharat Rambhau Pawar And Another v. The Executive Engineer, Lift Irrigation Division, Osmanabad Under G.M.I.D.C. Aurangabad And Others

1 CA7354/18&Ors.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 938 CIVIL APPLICATION NO. 7354 OF 2018 IN FA/2072/2016 MAHADEO BALBHIM INGALE DIED THROUGH HIS LRS VATSLABAI MAHADEO INGALE AND OTHERS WITH CA/7355/2018 IN FA/2063/2016 MADHUKAR KONDIBA PAWAR [DIED] THROUGH LRS SARASWATI MADHUKAR PAWAR WITH CA/7356/2018 IN FA/2065/2016 GAUTAM PANDURANG SHERKAR WITH CA/7357/2018 IN FA/2066/2016 VISHWAS TUKARAM SHERKAR

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WITH CA/7358/2018 IN FA/2059/2016 MADHUKAR PANDURANG SHERKAR WITH WITH CA/7359/2018 IN FA/2061/2016 NAVNATH BABURAO SHERKAR WITH WITH CA/7360/2018 IN FA/2067/2016 DHANANJAY GAUTAM INGALE AND OTHERS WITH WITH CA/7361/2018 IN FA/2064/2016 MAHADEO RAMBHAU PAWAR WITH WITH CA/7362/2018 IN FA/2069/2016 BHARAT RAMBHAU PAWAR AND ANOTHER

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...

Advocate for Applicants : Mr. V.B. Deshmukh Advocate for Respondent No.1 : Mr. B.R. Surwase AGP for Respondents/State : Ms. S.S. Raut ...

CORAM : K.K. SONAWANE, J.

DATE : 14th JUNE, 2018 PER COURT :

Heard learned counsel for the applicants, learned counsel for the respondent-Acquiring Body as well as learned A.G.P. for the respondent-State. Perused the application.

2.

These matters pertains to the compensation under the Land Acquisition Act, 1894. The respondentAcquiring Body has deposited the compensation amount in this Court pursuant to the Award passed by the learned Reference Court filed under Section 18 of the Land Acquisition Act. The learned counsel for the respondent-Acquiring Body has offered Rs.1,610/- per Are, whereas the Reference Court has enhanced the compensation to the tune of Rs.15,000/- per Are, which is exorbitant and excessive.

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3.

In view of the nature of subject-matter, it is not in dispute that the lands of the applicants are already been acquired by the respondent-State of Maharashtra. Therefore, I do not find any impediment to allow the applicants-original claimants to withdraw some part of the compensation amount on certain terms and conditions in order to protect the interest of respondents-Acquiring Body.

4.

Hence, the applications are partly allowed. The applicants-original claimants are allowed to withdraw 50% of deposited amount on furnishing undertaking to the satisfaction of the Registrar [Judicial] of this Court and 25% rest of the balance amount is allowed to be withdrawn on furnishing bank guarantee of any Nationalized / Scheduled Bank and remaining 25% balance amount be fixed in any Nationalized Bank for a period of two years till decision of the First Appeal/s. Accordingly, applications stand partly allowed.

( K.K. SONAWANE, J. ) SRM/14/6/18