Ramjan Gambhir Tadavi And ORS v. The Special Land Acquisition Officer, Jalgaon And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 914 CIVIL APPLICATION NO.6898 OF 2020 IN FIRST APPEAL NO.1919 OF 2020 RAMJAN GAMBHIR TADAVI & OTHERS

VERSUS

THE SPECIAL LAND ACQUISITION OFFICER, JALGAON AND ANOTHER ...

Mr.Kumar Gaurav M.More, Advocate for the applicants.

Mr.P.M.Kulkarni, AGP for the respondentState. Mr.S.D.Dhongade, Advocate for the respondent no.2.

...

CORAM : V.L.ACHLIYA,J.

DATE : 09.12.2020 P.C.

1] The applicants-claimants have moved this application seeking withdrawal of the amount deposited by the appellant-acquiring body.

2] Heard learned counsel for the applicants-claimants and learned advocate for the appellants-acquiring body.

3] In brief, it is the contention of the learned counsel for the appellantsacquiring body that the compensation enhanced

by the Reference Court is without any basis and excessive. It is submitted that the SLAO has awarded compensation @ Rs.46,500/- per hector for Jirayat land which has been enhanced to Rs.3 lac per hector by the Reference Court without any evidence to support enhancement. It is submitted that the interest has been awarded from the date of Notification which is contrary to the settled position in law and Full Bench decision of this Court.

4] On the other hand, learned counsel for the applicants-claimants submits that Appeal is devoid of merits. The Reference Court has relied upon the settlement recorded before the Lok Adalat in respect of similarly situated land arising out of the same acquisition in which the acquiring body has agreed to pay compensation @ Rs.3 lac per hector for land of similar potential. It is submitted that the amount deposited by the acquiring body is to the extent of only 25% of the amount awarded by the Reference Court. The land in question was acquired in the year 2005 for percolation tank. The applicants - claimants are waiting for compensation to be received from last 15 years and urged to

allow the applicants-claimants to withdraw the amount deposited by the appellant - acquiring body.

5] Considering the submissions advanced, I am of the view that, the applicants-claimants deserve to be permitted to withdraw the amount, which is only to the extent of 25% of compensation awarded by the Reference Court. Hence the application is allowed. The amount deposited by the appellant-acquiring body be paid to the applicants-claimants on furnishing undertaking to the satisfaction of the Registrar [Judicial] that in the event the award is set aside / modified by this Court the applicants-claimants shall re-deposit the amount within eight [8] weeks from the date of passing of such order.

6] The amount be paid to the applicants - claimants by way of transfer to the savings bank accounts of the respective applicantsclaimants as per the particulars of the accounts to be furnished. No amount to be paid to any person other than the applicants - claimants including Power of Attorney Holder.

7] The withdrawal of the amount shall be subject to final outcome of the appeal.

8] Civil Application is disposed of in above terms.

[V.L.ACHLIYA] JUDGE DDC