Vitthal Patilba Sawant (Died) Thr Lrs Bhausaheb (Died) Thr Lrs. Shoba B. Sawant And ORS v. The G.M.I.D.C, Thr Its Ex. Engineer, Nandur Madhmeshwar Kalwa, Vaijapur Div., And ANR

{1} CA 14310 OF 2022-1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 905 CIVIL APPLICATION NO.14310 OF 2022 IN FAST/18074/2020 VITTHAL PATILBA SAWANT (DIED) THR LRS BHAUSAHEB (DIED) THR LRS. SHOBA B. SAWANT AND ORS

VERSUS

THE G.M.I.D.C, THR ITS EX. ENGINEER, NANDUR MADHMESHWAR KALWA, VAIJAPUR DIV., AND ANR ...

Advocate for Applicants : Mr.Rodge Suresh N.

AGP for Respondents-State : Mrs.D.S.Jape Advocate for Respondent No.1 : Mr.V.B.Dhage h/f. Mr.R.B.Gaikwad ...

CORAM : S. G. DIGE, J.

DATE : 20th October, 2022 PER COURT :- 1.

Heard learned counsel for the applicants and learned counsel for respondent No.1.

2.

Learned counsel for the applicants submits that the applicants are poor farmers. Their lands are acquired by respondent No.1. Since acquisition of lands, applicants have not received any compensation amount. Applicants need amount for their daily expenses. Hence, requested to allow the application. 3.

Learned counsel for respondent No.1 submits that excessive compensation is awarded by the Reference Court

{2} CA 14310 OF 2022-1 against which respondent No.1 has preferred the appeal. Hence, requested to dismiss the application.

4.

I have heard both the learned counsel. The lands of the applicants are acquired. Since acquisition of the lands, they have not received any compensation amount. The applicants need the amount for their daily expenses. They have no other source of income. Hence, I pass the following order :-

ORDER

(i) Application is allowed.

(ii) The applicants are permitted to withdraw 50% amount alongwith accrued interest thereon on furnishing undertaking. (iii) Remaining 50% amount be deposited in Fixed Deposit in any Nationalized Bank.

(iv) Application is disposed of.

( S. G. DIGE ) JUDGE SPT