Tukaram Chima Pokale And Others v. The State Of Maharashtra And Others
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD 914 CIVIL APPLICATION NO.11757 OF 2021 IN FA/2552/2019 WITH CA/13940/2021 IN FA/2643/2021 WITH CA/11754/2021 IN FA/2558/2019 WITH CA/11755/2021 IN FA/2563/2019 WITH CA/11756/2021 IN FA/2641/2021 WITH CA/11758/2021 IN FA/2647/2021 WITH CA/11759/2021 IN FA/2648/2021 WITH CA/11750/2021 IN FA/2646/2021 WITH CA/11751/2021 IN FA/2562/2019 WITH CA/11752/2021 IN FA/2560/2019 WITH CA/11753/2021 IN FA/2559/2019 WITH CA/11762/2021 IN FA/2553/2019 WITH CA/11763/2021 IN FA/2642/2021 WITH CA/11767/2021 IN FA/2555/2019 WITH CA/11768/2021 IN FA/2645/2021 WITH CA/11765/2021 IN FA/2650/2021 WITH CA/11764/2021 IN FA/2649/2021 WITH CA/11766/2021 IN FA/2651/2021 WITH CA/11761/2021 IN FA/2556/2019 WITH CA/11760/2021 IN FA/2557/2019 WITH CA/13935/2021 IN FA/2644/2021 WITH CA/13940/2021 IN FA/2643/2021 WITH CA/13934/2021 IN FA/2640/2021 WITH CA/13938/2021 IN FA/2561/2019 DHAWALABAI RAWAJI KHADKE AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ...
Advocate for Applicants : Mr.Temkar Rajendra K. AGP for Respondents-State : Mr.A.M.Phule ...
CORAM : VINAY JOSHI, J.
DATE : 18th JANUARY 2022.
PER COURT :
1.
Heard.
2.
These applications are for withdrawal of compensation amount awarded in Land Acquisition proceedings. The applicants' land were acquired for the purpose of Ghatghar Hydro Electric Project at village Ghatghar Taluka Akole, District Ahmednagar. The S.L.O. has awarded compensation at the rate ranging in between Rs. 360 per R to Rs. 400 per R.
3.
Learned AGP for Respondent-State has objected for withdrawal of amount.
4.
Having regard to the relevant material, including sale instances, the Reference Court has enhanced the compensation to the tune of Rs. 2,000/- per R i.e. Rs. 2,00,000/- per Hector. 5.
The learned counsel for the applicants took me through paragraph Nos. 19 to 22 of the impugned judgment, to point out that the Reference Court has stated that the prices of irrigated lands would be of Rs. 8,00,000/- per Hector and that of Jirayat land would of Rs. 4,00,000/- per Hector. He would submit that despite that the Reference Court by guess works has awarded amount of Rs. 2,00,000/- per Hector. It is submitted that the claimants have also preferred appeals for enhancement of compensation which are in process.
6.
Considered the impugned judgment and the reasoning assigned by the Reference Court while reaching to the conclusion. Having regard to these facts, the applicants are permitted to withdraw 60% of the awarded amount on usual undertaking and remaining 40% amount be invested in any Nationalized Bank. 7.
Applications for withdrawal are disposed of accordingly. ( VINAY JOSHI, J. ) mahajansb/