The Executive Engineer, Irrigation Div., Beed v. Gangadhar Manik Pingle And Another
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD 931 CIVIL APPLICATION NO. 10797 OF 2022 IN FIRST APPEAL NO. 1765 OF 2022 The Executive Engineer, Irrigation Division, Beed.
... Applicant
Versus
Rama Nama Tarkase (died) through LRs - Ankush Rama Tarkase & Ors. ... Respondents ...
Mr. Sudhir G. Bhalerao - Advocate for applicant Mr. A. B . Chate - AGP for State ....
AND 932 CIVIL APPLICATION NO. 14427 OF 2022 IN FIRST APPEAL NO. 2951 OF 2022 The Executive Engineer, Irrigation Division, Beed ... Applicant
Versus
Pratap Sundarao Deshmukh & Anr.
... Respondents ...
Mr. Sudhir G. Bhalerao - Advocate for applicant Mr. A. B . Chate - AGP for State ....
AND 933 CIVIL APPLICATION NO. 2065 OF 2022 1/4
IN FIRST APPEAL [ST] NO. 16931 OF 2021 The Executive Engineer, Irrigation Division, Beed.
... Applicant
Versus
Gangadhar Manik Pingle & Anr.
... Respondents ...
Mr. Sudhir G. Bhalerao - Advocate for applicant Mr. A. B . Chate - AGP for State ....
AND 934 CIVIL APPLICATION NO. 2063 OF 2022 IN FIRST APPEAL [ST] NO. 16887 OF 2021 The Executive Engineer, Irrigation Division, Beed.
... Applicant
Versus
Bhagwan Bhimaji Surnar & Ors.
... Respondents ...
Mr. Sudhir G. Bhalerao - Advocate for applicant Mr. A. B . Chate - AGP for State ....
CORAM : S. G. CHAPALGAONKAR, J.
DATE : 21st JUNE, 2023 PER COURT :
1.
Heard the learned advocates appearing for the respective parties.
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2.
Mr. Sudhir G. Bhalerao, learned advocate for the applicant would submit that the Reference Court has enhanced the compensation amount almost 12 times as against the amount determined by the Land Acquisition Officer. He would further submit that though the lands are considered to be Bagayat, the separate compensation is paid for trees by offering excessive multiplier. He would rely upon the judgment of the Supreme Court in the matter of State of Haryana Vs. Gurucharan Singh reported in AIR 1996 SC 106 and submit that in no case multiplier can exceed beyond 8 years while determining compensation as regards the trees.
3.
Mr. N. P. Bangar appearing on behalf of original claimants would point out that, previously this Court granted interim stay to the award in the matters arising out of same acquisition subject to deposit of entire awarded amount. The copy of the order passed in Civil Application No. 5256 of 2022 in First Appeal No. 708 of 2022 dated 11th July, 2022 is placed on record in support of the said submission.
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4.
Considering the submissions and the reasons cited in the order passed by Reference Court, interim stay is granted to the award subject to condition that the applicant - acquiring body shall deposit 75% amount under the award along with accrued interest within a period of eight weeks. 5.
Civil Applications are accordingly disposed of. [ S. G. CHAPALGAONKAR ] JUDGE SG Punde 4/4