Bababai Laxman Gote And Others v. The State Of Maharashtra Thr Collector, Aurangabad And ORS

{1} CA 14644 OF 2022 & ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 30 CIVIL APPLICATION NO.14644 OF 2022 IN FA/350/2022 BABABAI LAXMAN GOTE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THR COLLECTOR, AURANGABAD AND ORS ...

WITH CA/14646/2022 IN FA/1479/2022 WITH CA/14647/2022 IN FA/1477/2022 WITH CA/14651/2022 IN FA/1475/2022 ...

Advocate for Applicants : Mr.Patil Laxmikant C. AGP for Respondents-State : Mr.S.N.Morampalle Advocate for Respondent-Acquiring Body : Mr.S.G. Bhalerao ...

CORAM : S. G. DIGE, J.

DATE : 17th October, 2022 PER COURT :- 1.

Heard learned counsel for the applicants, learned AGP for the respondents-State and learned counsel for respondentAcquiring Body. 2.

Learned counsel for the applicants submits that the lands are acquired by respondent-Acquiring Body. Since acquisition of lands, applicants have not received any compensation amount. Applicants are poor farmers. They need the amount for their daily expenses. Hence, requested to allow the applications.

{2} CA 14644 OF 2022 & ORS. 3.

Learned counsel for respondent-Acquiring Body submits that the Reference Court has granted excessive compensation to the applicants. The Reference Court has enhanced the compensation more than seven times than the compensation awarded by the Special Land Acquisition Ofcer. The Judgmetn and order of the Reference Court is challenged by the respondent-Acquiring Body before this Court. Hence, requested to dismiss the applications.

4.

I have heard all the learned counsel. Applicants' lands are acquired by respondent-Acquiring Body. They have not received compensation amount. Applicants are poor farmers. They need amount for their daily expenses. Compensation is awarded more than seven times. Respondent-Acquiring Body has deposited 60% amount out of the entire award amount. Hence, I pass the following order :-

ORDER

(i) Applications are allowed.

(ii) Applicants are permitted to withdraw entire 60% amount alongwith accrued interest thereon on furnishing undertaking. (iii) Applications are disposed of.

( S. G. DIGE ) JUDGE SPT