Hemant Brijraj Lalwani v. The Government Of India Notice To Be Served On Deputy Secretary Ministry Of Shipping Road Transport

2025:BHC-AUG:20543-DB {1} ca6684-25.doc This order is corrected pursuant to the "Speaking to the Minutes" Order dated 25.07.2025 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6684 OF 2025 WITH CONTEMPT PETITION NO. 701 OF 2024 Hemant Brijraj Lalwani APPLICANT

VERSUS

The Government of India and Others RESPONDENTS .......

Mr. Aheet B. Kale, Advocate for the Applicant Mr. S. R. Yadav Lonikar, AGP for Respondent - State Mr. D. S. Manorkar, Advocate for Respondent No.5 in .......

[CORAM : NITIN B. SURYAWANSHI, & NEERAJ P. DHOTE J. J.] DATE : 18 th JULY, 2025 ORDER :

1.

Heard.

2.

This application is filed for withdrawal of the amount deposited by the Respondent pursuant to the orders dated 30th August, 2023 and 3rd March, 2025.

3.

Learned Advocate for the Respondents have strenuously opposed the Application stating that exorbitant amount of compensation is awarded to the claimants. Another objection raised is that there are other persons' interest in the land, which is acquired and, therefore, the applicant is not entitled to

{2} ca6684-25.doc withdraw the amount.

4.

The applicant has contended in the application that he is hospitalized and he is in dire need of the amount. 5.

Affidavit of the persons,, whose interest is involved in the acquired land, according to the Respondents, is filed by the Applicant, whereby those persons have given no objection to release amount in favour of the Applicant. The said affidavit is taken on record and marked "X" for identification. 6.

Considering the fact situation, we are of the view that principal amount, which is deposited by the acquiring body with the competent authority be paid to the applicant along with proportionate interest accrued thereon. Arbitration proceedings pending before the Arbitrator shall be decided expeditiously and in any case within three months from today.

7.

With the above observations, Civil Application as well as Contempt Petition is disposed of.

[ NEERAJ P. DHOTE ] [ NITIN B. SURYAWANSHI ] JUDGE JUDGE drp/ca6684-25.doc