Prakash Ambu Lomate And ANR v. The State Of Maharashtra And ORS

958- C.A. No. 12745-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 958 CIVIL APPLICATION NO.12745 OF 2022 IN FA/2430/2022 PRAKASH AMBU LOMATE AND ANR

VERSUS

THE STATE OF MAHARASHTRA AND ORS WITH CIVIL APPLICATION NO. 12746 OF 2022 IN FIRST APPEAL NO. 2429 OF 2022 PANDURANG VITTHAL LOMATE THR LRS SATYABHAMA AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicants : Mr. V.V. Ingale h/f Mr. V. B. Deshmukh AGP for Respondents: Mrs. D. S. Jape ....

CORAM : S. G. DIGE, J.

DATE : 15.09.2022 PER COURT :- Heard learned counsel for the applicant and learned counsel for respondents.

2.

Learned counsel for the applicant submits that applicants lands are acquired in the year 2007, since then applicants have not received any compensation. Applicants are poor agriculturist. They require amount for their daily expenses hence requested to allow the application.

958- C.A. No. 12745-2022.odt 3.

Learned AGP submits that exorbitant compensation is awarded by the Reference Court. The Compensation is awarded ten times more than the award granted by the Special Land Acquisition Ofcer hence requested to dismiss the application.

4.

I have herd both the learned counsel. Applicants lands are acquired in the year 2007. Applicants are agriculturist. They have no source of income. For acquired land they have not received any compensation. They required amount for their daily expenses. Hence I pass the following order.

ORDER

(I) Applicants are permitted to withdraw 50% amount along with accrued interest thereon out of award amount on furnishing undertaking.

(ii) Applicants are permitted to withdraw 25% amount along with accrued interest thereon out of award amount on furnishing solvent surety, remaining 25% amount shall be deposited in the fxed deposit of any nationalized Bank.

( S.G. DIGE,) JUDGE ysk