Devidas Vishwanath Bongarge v. The State Of Maharashtra And ANR
1028-ca-8728-19 group (withdrawal).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 1028 CIVIL APPLICATION NO.8728 OF 2019 IN FAST/39727/2017 WITH CA/8727/2019 IN FAST/39913/2017 WITH CA/8729/2019 IN FAST/39916/2017 WITH CA/8730/2019 IN FAST/39910/2017 WITH CA/8731/2019 IN FAST/39919/2017 PANDURANG VISHWANATH BONGAGE
VERSUS
THE STATE OF MAHARASHTRA AND ANR ...
Advocate for Applicants : Mr. Patil Laxmikant C. AGP for Respondents/State : Mr. R.B. Bagul Advocate for Respondent No.2 : Mr. S.G. Sangle ...
CORAM : SMT. VIBHA KANKANWADI, J.
DATE : 2nd AUGUST, 2019.
ORDER :
.
Heard learned counsel appearing for the applicants as well as learned counsel appearing for the respondents. 2.
These are the applications for withdrawal of amount of compensation awarded by the Reference Court at the rate of Rs.5000/- per Are for irrigated land. Learned counsel for the appellants further submits that the Special Land Acquisition Officer has awarded compensation at the rate of Rs.480/- per Are. Mr. Patil, learned counsel for applicants points out that the claimants have adduced the evidence that the land under sale
1028-ca-8728-19 group (withdrawal).doc transaction was acquired for the same project and value of said land was Rs.2500/- per Are for dry land. So considering the fertility of acquired land the Reference Court has awarded compensation at the rate of Rs.5000/- per Are. 3.
In view of the above, I am of the opinion that the applicants can be permitted to withdraw 50% amount of compensation without any condition. They are further entitled to receive 25% amount of compensation on undertaking that in case adverse orders are passed in appeals then they will redeposit the amount in this Court within a period of 12 weeks from the date of order. Rest of the 25% amount be invested in any Nationalized Bank initially for a period of 13 months and thereafter reinvested from time to time as per the order of this Court. 4.
Civil Applications are disposed of accordingly. ( Smt. Vibha Kankanwadi, J. ) Shubham/