Venkat Madhavrao Bhosale (Died) Thr Lrs Kantabai Venkat Bhosle And ORS v. The State Of Maharashtra Thr The Collector, Latur And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 14 - CIVIL APPLICATION NO. 6009 OF 2020 IN FAST/20721/2019 SAMBHAJI PANDHARINATH KOLPUSE WITH CIVIL APPLICATION NO. 6007 OF 2020 IN FAST/20827/2019 BASHIR PASHASAB SHEKH WITH CIVIL APPLICATION NO. 6008 OF 2020 IN FAST/20809/2019 RAMAKANT SHRIRANG SARAF WITH CIVIL APPLICATION NO. 6010 OF 2020 IN FAST/20815/2019 AFSAR BAPUSAB SHEKH WITH CIVIL APPLICATION NO. 6022 OF 2020 IN FAST/20818/2019 AFJAL FAIJUSAB SAYYAD

WITH CIVIL APPLICATION NO. 6024 OF 2020 IN FAST/20821/2019 GANI MOLLA SAYAD WITH CIVIL APPLICATION NO. 6027 OF 2020 IN FAST/20824/2019 RAMAKANT SHRIRANG SARAF ......

Mrs. P. G. Sontakke, Advocate for the Applicants. Mr. P. M. Kulkarni, AGP for Respondent Nos. 1 and 2-State. Mr. S. M. Ganachari, Advocate for Respondent No.3. ......

15 - CIVIL APPLICATION NO. 6025 OF 2020 IN FAST/20617/2019 VISHWANATH MADHAVRAO BHOSALE WITH CIVIL APPLICATION NO. 6026 OF 2020 IN FAST/20760/2019 SHRIRAM NIVRATI BHOSLE WITH CIVIL APPLICATION NO. 6006 OF 2020 IN FAST/20756/2019

VENKAT MADHAVRAO BHOSLE (DIED) THROUGH LRS.

KANTABAI VENKAT BHOSLE AND OTHERS ......

Mrs. P. G. Sontakke, Advocate for the Applicants. Mr. A. V. Deshmukh, AGP for Respondent Nos. 1 and 2-State. Mr. S. M. Ganachari, Advocate for Respondent No.3. ......

CORAM : V. K. JADHAV, J.

DATED : 23TH OCTOBER, 2020 PER COURT :- 1.

I have heard both sides.

2.

This is the award passed by the Special Land Acquisition Officer in the year 2006 and the Special Land Acquisition Officer has granted compensation at the rate of Rs.78,000/- per hectare. As against this, the reference court has enhanced the compensation at the rate of Rs.1,65,640/- per Are. i.e. almost 4,14,000/- per hectare. Thus, considering the enhancement as awarded by the reference court, I am inclined to permit the applicants/original claimants to withdraw 75% of the amount out of the compensation amount deposited before this Court on certain conditions. Hence the following order:

ORDER

I.

All the Civil Applications are hereby partly allowed. II.

Out of the compensation amount deposited before this Court, the applicants/original claimants are hereby permitted to withdraw 50% amount on furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court and 25% amount on furnishing solvent security or bank guarantee of any scheduled bank to the satisfaction of the Registrar (Judicial) of this Court.

III. All the Civil Applications are accordingly disposed off. ( V. K. JADHAV, J. ) ...