Haribai Dnyanoba Kutwad And Another v. The Executive Engineer, Minor Irrigation Division, Latur And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9727 OF 2015 IN FIRST APPEAL NO. 954 OF 2015 Hanumant Venkat Kolhe through G.P.A.

Sanjay Hanumant Kolhe ... Applicant

VERSUS

The Executive Engineer, Minor Irrigation Division, Latur and Ors.

... Respondents .............

Mr L. C. Patil, Advocate for the applicant Mr S. G. Sangle, Advocate for respondents No. 1 to 3 ..............

ALONG WITH CIVIL APPLICATION NO. 9722 OF 2015 IN FIRST APPEAL NO. 959 OF 2015 CIVIL APPLICATION NO. 9724 OF 2015 IN FIRST APPEAL NO. 958 OF 2015 CIVIL APPLICATION NO. 9720 OF 2015 IN FIRST APPEAL NO. 957 OF 2015 CIVIL APPLICATION NO. 9718 OF 2015 IN FIRST APPEAL NO. 955 OF 2015 CIVIL APPLICATION NO. 9705 OF 2015 IN FIRST APPEAL NO. 964 OF 2015

CIVIL APPLICATION NO. 9729 OF 2015 IN FIRST APPEAL NO. 963 OF 2015 CIVIL APPLICATION NO. 9711 OF 2015 IN FIRST APPEAL NO. 961 OF 2015 CIVIL APPLICATION NO. 9716 OF 2015 IN FIRST APPEAL NO. 956 OF 2015 CIVIL APPLICATION NO. 9707 OF 2015 IN FIRST APPEAL NO. 960 OF 2015 CIVIL APPLICATION NO. 9709 OF 2015 IN FIRST APPEAL NO. 962 OF 2015 CORAM :

S. V. GANGAPURWALA, J.

DATE : 21ST AUGUST, 2015.

PER COURT:

.

Ld Counsel for the applicant submits that, the ref court after considering the sale deeds has granted enhancement. The same is in accordance with the factual matrix. The sale deeds are prior to the notification u/s 4 of the Land Acquisition Act and of the same village. 2.

Ld Advocate for the acquiring body submits that the ref court has exorbitantly awarded the compensation amount. The other factors have not been considered.

3.

Today, the award is in favour of the applicant. Considering the aforesaid aspects, I pass the following order.

ORDER

(i) The applicants are permitted to withdraw 50% of the amount deposited on furnishing Bank Guarantee to this Court on condition, in the event, this Court directs the applicants to deposit the amount, they will redeposit the amount within one month from the date of such order.

(ii) The applicants are permitted to withdraw 25% of the amount deposited on furnishing solvent security / surety of the like amount and remaining 25% is allowed to be withdrawn on furnishing Bank Guarantee of any Scheduled Bank.

[ S. V. GANGAPURWALA, J. ] sgp