Latabai Rupsing Jakhad v. The State Of Maharashtra Through The Collector Collector Offece Jalna And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 922 CIVIL APPLICATION NO.10384 OF 2023 IN FIRST APPEAL NO.2751 OF 2023 MACHHINDRA HONAJI BHOITE Advocate for the applicant : Mr.A.B.Kale AGP for Respondent-State : Mr.N.T.Bhagat WITH CIVIL APPLICATION NO.5475 OF 2023 IN FIRST APPEAL NO.2751 OF 2023 MACHHINDRA HONAJI BHOITE AGP for the State : Mr.N.T.Bhagat 923 CIVIL APPLICATION NO.10385 OF 2023 IN FIRST APPEAL NO.2752 OF 2023 LATABAI RUPSING JAKHAD Advocate for the applicant : Mr.A.B.Kale AGP for Respondent-State : Mr.K.N.Lokhande WITH CIVIL APPLICATION NO.5527 OF 2023 IN FIRST APPEAL NO.2752 OF 2023

LATABAI RUPSING JAKHAD AGP for the State : Mr.K.N.Lokhande 924 CIVIL APPLICATION NO.10386 OF 2023 IN FIRST APPEAL NO.2690 OF 2023 JAYSING RUPASING JAKHAD Advocate for Applicant : Mr.A.B.Kale AGP for Respondent-State : Mr.K.B.Jadhavar WITH CIVIL APPLICATION NO.5538 OF 2023 IN FIRST APPEAL NO.2690 OF 2023 JAYSING RUPSING JAKHAD AGP for the State : Mr.K.B.Jadhavar 925 CIVIL APPLICATION NO.10387 OF 2023 IN FIRST APPEAL NO.2824 OF 2023 UTTAMRAO SHRIPAT THOMBRE DIED THRO LRS ZUMKABAI UTTAMTHOMBRE AND ORS

Advocate for the applicants : Mr.A.B.Kale AGP for Respondent-State : Mr.B.V.Virdhe WITH CIVIL APPLICATION NO.5531 OF 2023 IN FIRST APPEAL NO.2824 OF 2023 UTTAMRAO SHRIPAT THOMBRE DIED THRO LRS ZUMKABAI UTTAMTHOMBRE AND ORS AGP for the State : Mr.B.V.Virdhe 926 CIVIL APPLICATION NO.10388 OF 2023 IN FIRST APPEAL NO.2977 OF 2023 SUSHILABAI RAMESHWAR JAKHAD Advocate for Applicant : Mr.A.B.Kale AGP for Respondent-State : Ms.R.P.Gaur WITH CIVIL APPLICATION NO.5541 OF 2023 IN FIRST APPEAL NO.2977 OF 2023 SUSHILABAI RAMESHWAR JAKHAD AGP for the State : Ms.R.P.Gaur

CORAM : ARUN R. PEDNEKER, J.

DATE : 10.10.2023 P.C. :

A] ORDER IN CIVIL APPLICATIONS FOR WITHDRAWAL OF THE AMOUNT 1] The present Civil Applications are filed to withdraw the amount deposited by the Acquiring body in this Court.

2] The First Appeals are filed by the acquiring body and the Acquiring Body has deposited the entire amount of compensation in this Court.

3] The learned counsel for the applicants relies upon the identical cases in which this Court by order dated 9th June, 2023 in Civil Application No.7210 of 2023 in First Appeal No.861 of 2023 has permitted the applicants therein to withdraw the entire amount. The learned counsel for the applicants submits that the acquiring body, in some of the other connected matters wherein similar enhancement was granted, did not even file the appeals and are satisfied with the awards. The learned counsel for the applicants submits that in these cases the land value is not enhanced more than four times.

4] The learned counsel appearing for the acquiring body submits that the interest under Section 28A of the Land Acquisition Act is paid from the possession. 5] The objections cannot be sustained because interest under Section 28A of the Land Acquisition Act is awarded from the award as is apparent from the clause no.3 of the operative part of the impugned order.

6] In view of the same, the applicants, in respective applications, are permitted to withdraw 90% amount of the award along with interest subject to furnishing undertaking to the satisfaction of the learned Registrar [Judicial] of this Court and 10% amount of the award along with interest subject to furnishing solvent / security. Civil Applications are disposed of accordingly. B] ORDER IN CIVIL APPLICATIONS FOR STAY :

The applicant - Acquiring body has deposited entire award amount in this Court. The interim stay granted by this Court stands confirmed. Civil Applications are disposed of accordingly.

C] ORDER IN FIRST APPEALS :

1] In view of the submissions made by the learned

counsel for the applicants that, in other connected matters, the acquiring body has not even filed appeals and has accepted the award passed by the Reference Court. 2] The learned counsel appearing for the acquiring body seeks time to take instructions in that regard. 3] List the First Appeals on 12th December, 2023. [ARUN R. PEDNEKER] JUDGE DDC