Rama Balu Bambere Deceased Thr Lrs Savaleram Rama Bambere And Others v. The Executive Engineer, Upper Pravara Dam Division,Sangamner Now Under Gmidc Aurangabad And ANR
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 23 CIVIL APPLICATION NO.2374 OF 2019 IN FA/3223/2017 YESHU AMBU KARWANDE AND OTHERS THE EX. ENGINEER, URDHAWA PRAVARA DAM DIV. THR THE GMIDC, AURANGABAD AND ANR 24 CIVIL APPLICATION NO.2376 OF 2019 IN FA/3221/2017 TUKARAM BHAGA BANDE (DEAD) THR LRS SKHUBAI AND ORS THE EX. ENGINEER, URDHAWA PRAVARA DAM DIV. THR THE GMIDC, AURANGABAD AND ANR 25 CIVIL APPLICATION NO.2383 OF 2019 IN FA/3205/2017 SOMA LAXMAN BAMBERE (DIED) THR LRS MARUTI AND OTHERS THE EX. ENGINEER, URDHAWA PRAVARA DAM DIV. THR THE GMIDC, AURANGABAD AND ANR 26 CIVIL APPLICATION NO.2385 OF 2019 IN FA/3209/2017 BUDHA SHRAVAN BANDE (DIED) THR LRS SURESH AND OTHERS THE EX. ENGINEER, URDHAWA PRAVARA DAM DIV. THR THE GMIDC, AURANGABAD AND ANR 27 CIVIL APPLICATION NO.2391 OF 2019 IN FA/3222/2017 SOMA MANGA GIRHE 28 CIVIL APPLICATION NO.2410 OF 2019 IN FA/3210/2017
(2) KUSHABA SHANKAR BAMBERE 29 CIVIL APPLICATION NO.2411 OF 2019 IN FA/3208/2017 BHAGA SOMA MUTHE AND OTHERS 30 CIVIL APPLICATION NO.2412 OF 2019 IN FA/3216/2017 YADAV GANPAT PAWAR AND OTHERS 31 CIVIL APPLICATION NO.2413 OF 2019 IN FA/3219/2017 MAHADU ABA BOBADE DECEASED THR LRS RAMDAS MAHADU BOBADE AND OTHERS 32 CIVIL APPLICATION NO.2418 OF 2019 IN FA/3218/2017 BHIKA KHANDU KARVANDE DECEASED THR LRS CHANDAR BHIKA KARVANDE AND OTHERS 33 CIVIL APPLICATION NO.2419 OF 2019 IN FA/3217/2017
(3) BHAU LAXMAN GIRHE 34 CIVIL APPLICATION NO.2420 OF 2019 IN FA/3220/2017 NAMDEO RAVJI JADHAV 35 CIVIL APPLICATION NO.2421 OF 2019 IN FA/3211/2017 ANJANI LAXMAN SONAWANE 36 CIVIL APPLICATION NO.2422 OF 2019 IN FA/3215/2017 RAMA BALU BAMBERE DECEASED THR LRS SAVALERAM RAMA BAMBERE AND OTHERS 37 CIVIL APPLICATION NO.2423 OF 2019 IN FA/3214/2017 BARKU MANGA GIRHE 38 CIVIL APPLICATION NO.2424 OF 2019 IN FA/3207/2017 BHAU SHRAWAN BAMBERE DECEASED THR LRS HARI BHAU BAMBERE AND OTHERS
(4) 39 CIVIL APPLICATION NO.2425 OF 2019 IN FA/3206/2017 NATHU PUNAJI PAWAR 40 CIVIL APPLICATION NO.2426 OF 2019 IN FA/3213/2017 VITTHAL GANGADHAR BAMBERE AND OTHERS Advocate for Applicants : Mr. Dnyaneshwar A. Bide AGP for Respondents/State : Mr. A.M. Phule/ Mr. S.J. Salgare/ Mr. P.M. Kulkarni Advocate for Respondent No.1 : Mr. P.G. Rodge CORAM : P.R. BORA, J.
DATED : 18th FEBRUARY, 2019.
PER COURT:- .
Heard Shri Bide, the learned counsel appearing for the applicants and Shri Rodge, the learned counsel appearing for the acquiring body and the respective AGP's appearing for the State in all these matters.
2.
Perused the impugned judgments and awards and the grounds of objections raised in exception
(5) to the said judgments. The objections seem to be as about the compensation awarded by the Reference Court of the trees at double of the rate awarded by the SLAO. It further seems to be the case of the acquiring body that no separate compensation was liable to be enhanced for the trees when the amount of compensation was enhanced in so far as the market value of the acquired land is concerned. The learned counsel has prayed for transmitting the amount of compensation which may be permitted to be withdrawn to the Reference Court.
3.
In view of the submissions so made, the following order is passed:
ORDER
i) The applicants in all these applications are permitted to withdraw 60% of the deposited amount on submitting an undertaking to the satisfaction of the Reference Court.
ii) The Reference Court shall see that all usual conditions are incorporated for securing the repayment of the amount in the event the appeals filed by the acquiring body stand allowed and the amount of compensation is decreased.
iii) The amount permitted to be withdrawn by the
(6) respective claimants be transmitted to the Reference Court by the registry within a month. iv) All civil applications for withdrawal of amount stand disposed of.
v) List the appeals for further consideration after six weeks. Call record and proceedings. (P.R. BORA, J.) Mujaheed//