Madhav Tippa Ghodke Dead Through His Lrs Ratanbai And Others v. The State Of Maharashtra Thr Collector, Osmanabad And ANR

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.6305 OF 2020 IN FA/2096/2014 VISHNU GUNDA GHODKE 908 CIVIL APPLICATION NO.6379 OF 2020 IN FA/435/2016 WITH CA/1077/2016 IN FA/435/2016 TULSHIRAM KHANDU SABNE 909 CIVIL APPLICATION NO.6407 OF 2020 IN FA/292/2015 LALITA ASHOK DANDGE 910 CIVIL APPLICATION NO.6422 OF 2020 IN FA/2092/2014 PANDURANG RAMA BODKE 911 CIVIL APPLICATION NO.6424 OF 2020 IN FA/310/2015 CHANDRAKANT SHANKAR BIRAJDAR 912 CIVIL APPLICATION NO.6425 OF 2020

- 2 - IN FA/341/2015 HARI TUKARAM BIRAJDAR 913 CIVIL APPLICATION NO.6430 OF 2020 IN FA/290/2015 MADHAV TIPPA GHODKE DEAD THROUGH HIS LRS RATANBAI AND OTHERS 914 CIVIL APPLICATION NO.6444 OF 2020 IN FA/307/2015 RAMESH NAGORAO GAIKWAD DEAD THROUGH ITS LRS CHAYABAI GAIKWAD AND OTHERS 915 CIVIL APPLICATION NO.6445 OF 2020 IN FA/343/2015 ANANT TUKARAM BIRAJDAR 916 CIVIL APPLICATION NO.6648 OF 2020 IN FA/2104/2014 SANJAY PANDITRAO BIRAJADAR DEAD THROUGH HIS LRS SINDHUBAI BIRAJADAR AND OTHERS 918 CIVIL APPLICATION NO.6690 OF 2020 IN FA/2095/2014 SANTRAM GUNDA GHODKE (DECEASED) THR LRS MANGALBAI GHODKE AND OTHERS

- 3 - 919 CIVIL APPLICATION NO.6706 OF 2020 IN FA/2098/2014 RAMESH VITHALRAO MORE (DECEASED) THR LRS SHAKUNTALA MORE AND ORS 920 CIVIL APPLICATION NO.7119 OF 2020 IN FA/2099/2014 VIJAYKUMAR NIVRUTIRAO SHINDE 921 CIVIL APPLICATION NO.7147 OF 2020 IN FA/2100/2014 RAVINDRA NIVRUTIRAO SHINDE 922 CIVIL APPLICATION NO.8059 OF 2020 IN FA/2097/2014 BIRU MAHADU SONTAKKE DEAD THROUGH HIS LRS SHANTABAI AND OTHERS 923 CIVIL APPLICATION NO.2629 OF 2021 IN FA/342/2015 VITHAL TUKARAM BRAJDAR THE STATE OF MAHARASHTRA, THROUGH COLLECTOR, OSMANABAD AND ANOTHER

- 4 - 924 CIVIL APPLICATION NO.3189 OF 2021 IN FA/2094/2014 SHANTABAI BIRU SONTAKKE Mr.N.B.Khandare, Advocate for the applicants. Mr.S.S.Dande, Advocate for respondent No.2.

Mr.S.G.Sangle, Mr.P.S.Patil, Mr.S.B.Yawalkar, Mr.S.R.Yadav-Lonikar, AGPs' for State.

( CORAM : RAVINDRA V. GHUGE & S.G. MEHARE, JJ) DATE : AUGUST 12, 2021 PER COURT :

1.

In all these civil applications, the learned Advocates for the applicants pray for withdrawal of compensation amount. This Court had passed an order in the first appeals directing the appellants to deposit the entire amounts awarded by the Reference Courts. However, by order dated 27/03/2015, in a group of civil applications, this Court permitted withdrawal of only 50% of the amounts. A group of applicants approached the Hon'ble Apex Court in Manik Rama Bodke, deceased through LR's and others Vs. State of Maharashtra and another in Civil Appeal Nos.523/2017. The Hon'ble Apex Court disposed off the appeals by order dated 02/01/2017 directing that 50% of the enhanced compensation granted to the claimants shall be released without security and the balance amount of 50% shall be released on furnishing security to the satisfaction of the

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2.

The applicants have already withdrawn 25% of the amount deposited by tendering an affidavit undertaking and the remaining 25% by tendering the solvent security to the satisfaction of the District Collector. 3.

Now that the entire amount is before this Court, out of which 50% has been withdrawn, these applicants pray for the remainder amount alongwith the accrued interest on the same principle. 4.

Mr.Dande, the learned Advocate has vehemently opposed these applications and submits that astronomical enhancement has been granted by the Reference Court. By way of an example, he states that the Special Land Acquisition Officer had granted compensation @ Rs.250 Per R in some cases. The Reference Court enhanced the compensation to Rs.10,000/- per R and Rs.12,000/- per R. Such enhancements are unsustainable in Law. The appellants have a very strong case on merits and if they succeed against the impugned awards of the Reference Court, it would be very difficult to recover the amounts from these applicants. 5.

We do appreciate the contentions of Mr.Dande. When this Court had directed the appellants to deposit the entire amount, the claimants were permitted to withdraw 50% with the above mentioned conditions. Since

- 6 - the Hon'ble Apex Court has permitted these claimants to withdraw balance 50% amount, we do not find that it would be appropriate for this Court to accept the submissions of the learned Advocate for the appellants. 6.

In view of the above, these applications are allowed with the following directions :- [a] Similar to the earlier directions for withdrawal, the applicants would withdraw 50% of the balance amount alongwith interest by tendering an affidavit undertaking stating therein that if these applicants suffer an adverse order in this litigation, they would deposit those amounts which are found to have been received in excess, in this Court within 8 weeks, failing which, this Court would impose interest. [b] The remaining amount can be withdrawn by these applicants by furnishing security to the satisfaction of the learned Registrar (Judicial) of this Court, as the amounts are deposited at Aurangabad. [c] The applicants would tender a copy of their Aadhar Cards duly attested and would be identified by the concerned Advocates at the time of the withdrawal of the amounts. In addition, they would also tender a recent colour photograph alongwith the application for withdrawal. ( S.G. MEHARE, J. ) ( RAVINDRA V. GHUGE, J. )