Mahadev Ramkishan Munde And ORS v. The State Of Maharashtra Thr Collector, Beed And ORS

14491.22CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 913 CIVIL APPLICATION NO.14491 OF 2022 IN FIRST APPEAL NO.3001 OF 2022 MAHADEV RAMKISHAN MUNDE & OTHERS

VERSUS

THE STATE OF MAHARASHTRA & OTHERS ...

Advocate for the applicants : Mr.S.R.Shirsat AGP for Respondent-State : Mr.S.N.Morampalle ...

CORAM : S.G.DIGE, J.

DATE : 13.10.2022 P.C. :

1] Heard the learned counsel for the applicants and the learned AGP for the respondent-State. 2] The learned counsel for the applicants submits that the applicants are the poor farmers. Their lands are acquired by the respondents. Since acquisition the applicants have not received any compensation. The applicants are facing starvation. Due to paucity of funds, the applicants needed the amount for daily expenses, hence, requested to allow the present application.

3] The learned AGP strongly objected to allow the present application on the ground that the Special Land Acquisition Officer has awarded Rs.1175/- per Aar. The Reference Court has enhanced it Rs.5250/- per Aar. It is

14491.22CA excessive amount, hence, requested to dismiss the application.

4] I have heard both learned counsel. The lands of the applicants are acquired by the respondents. They have not received compensation. They are the poor farmers. They need the amount for their daily expenses. The enhanced compensation by the Reference Court is slightly more than four times, hence, I pass the following order:-

ORDER

i] The application is allowed.

ii] The applicants are permitted to withdraw 75% amount along with accrued interest thereon on furnishing undertaking.

iii] Civil Application is disposed of accordingly. [S.G.DIGE] JUDGE DDC