Laxman Narayan Bhangare And Another v. The Exe. Engineer, Minor Irrigation Div.-2, Sangamner, Ahmednagar And ANR

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 14125 OF 2022 IN FIRST APPEAL NO. 1875 OF 2020 WITH CA/14177/2022 IN FA/1874/2020 LAXMAN NARAYAN BHANGARE AND ANOTHER

VERSUS

THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION-2 SANGAMNER AHMEDNAGAR AND ANOTHER ...

Advocate for Applicants : Mr. D.A. Bide Advocate for Respondent No.1 : Mr. V.C. Solshe AGP for Respondent No.2 : Mr. S.S. Dande ....

CORAM : S.G. DIGE, J.

DATE : 12th October, 2022 ORDER :

.

Heard learned Counsel for applicants, learned Counsel for respondent No.1 and learned A.G.P. for respondent No.2.

2.

Learned Counsel for applicants submits that, applicants are poor agriculturist and they are living in traible area. Applicants' lands are acquired by the respondent No.2. They have no source of income. The

{2} Special Land Acquisition Ofcer has granted amount of Rs.1,00,000/- per hectare whereas the Civil Judge, Senior Division, Sangamner, Dist. Ahmenagar (hereinafter "the Reference Court") has enhanced it to amount of Rs.3,40,000/- per hectare. The said enhancement is within four times, in spite of that present appeal is preferred by respondent No.1. Hence, requested to allow the application.

3.

Learned Counsel for respondent has disputed the fact of change of lands and on that ground the appeal is preferred. Hence, requested to dismiss the application. 4.

I have heard all the learned Counsel. Applicants are poor farmers in traible area. They have facing starvation due to money. They needs amount for their daily expenses. The Reference Court has enhanced the compensation is within four times. Hence, I pass the following order :-

ORDER

(a) Application are allowed.

{3} (b) Applicants are permitted to withdraw 75% amount out of deposited amount along-with accrued interest thereon.

(c) The 75% amount along-with accrued interest thereon deposited before this Court be transmitted to the Civil Judge, Senior Division, Sangamner, Dist. Ahmenagar and applicants shall fle usual undertaking before the Reference Court.

(d) Remaining 25% amount shall be deposited in Fixed Deposit of any nationalized bank.

(e) The Civil Applications are disposed of.

[S.G. DIGE, J.]