Dilip Shrirang Padwal v. The State Of Maharashtra Thr. Collector Osmanabad And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 970 CIVIL APPLICATION NO. 8943 OF 2025 IN FA/2985/2024 DILIP SHRIRANG PADWAL

VERSUS

THE STATE OF MAHARASHTRA THR. COLLECTOR OSMANABAD AND ORS.

...

Advocate for Applicant : Mr. More Abhijit S.

AGP for Respondent/s-State : Mr. B. A. Shinde. Advocate for Respondent No.3 : Mr. A. M. Gaikwad. ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 20.08.2025 PER COURT :- 1.

Heard both the sides.

2.

Applicant is seeking withdrawal of Rs.27,30,698/- deposited by the respondent/acquiring body.

3.

It is submitted that though interest is granted from the date of notification, there is only difference of one year and six months between notification and award. It is further submitted that the compensation is determined by the Reference Court relying on the rate awarded in LAR No.79 of 2008. In that view of the matter, it is submitted that applicant is entitled to receive the amount deposited in this Court.

4.

Per contra, learned counsel Mr. Gaikwad would submit that there is huge difference between the compensation granted by Special Land Acquisition Officer to the tune of Rs.821/- and the compensation of Rs.5,70,000/- awarded by the Reference Court. Interest was not granted from the date of award retrospectively.

5.

I have considered rival submissions of the parties. There is huge difference between the compensation of the quantum awarded by the Special Land Acquisition Officer and that of the Reference Court. However, Reference Court relied on the quantum fixed in LAR. No.79 of 2008. He is entitled to receive 50% of the amount on furnishing undertaking.

6.

Civil application is partly allowed permitting the applicant to receive the deposited amount on furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court.

7.

Balance amount shall be invested in Nationalized Bank. In First Appeal.

8.

Admit.

9.

Learned counsel Mr. More waives service of notice for the sole respondent/claimant.

10.

Call for Record and Proceedings from the concerned Court if not called for.

(SHAILESH P. BRAHME, J.) ...

vmk/-