Nanasaheb Dyandev Jatkar v. The Executive Engineer Irrigation Project Strenthening Division Omerga Tq Omerga And ORS

2024:BHC-AUG:6300 5-CA-11811-23-w.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11811 OF 2023 IN FA/496/2023 NANASAHEB DYANDEV JATKAR

VERSUS

THE EXECUTIVE ENGINEER IRRIGATION PROJECT STRENTHENING DIVISION OMERGA TQ OMERGA AND OTHERS ...

Advocate for Applicant : Mr. Ramesh V. Naiknavare Advocate for Respondent No.1 : Ms. Sunita D. Shelke AGP for Respondents No.2 and 3 : Mrs. M. L. Sangit ...

CORAM : S. G. MEHARE, J.

DATE : 15-03-2024 PER COURT :- 1.

Heard the learned counsel for the applicant and the learned counsel for respondent No.1/acquiring body and the learned A.G.P. for respondents No.2 and 3.

2.

There was a dispute of the area of the land acquired. One of the cousins of the applicant had raised objection that he had interest in acquired land. His main complaint was that only 2 R land was acquired and compensation was granted for 2 Hector land. Therefore, the learned counsel for respondent No.1/acquiring body was directed to produce the relevant papers. She has produced the relevant papers and made a statement that 2 Hector land had been acquired.

5-CA-11811-23-w.odt 3.

In the order, dated 09.02.2024, this Court recorded certain findings for the interest of the cousin who had intervened. Prima facie appears to have no interest in the land acquired. This Court also observed that if any interest, he had, he may approach the Civil Court.

4.

The learned counsel for the applicant submits that in the similarly situated matter CA/9072/2021 in FA/904/2020 (Raosaheb Bhanudas Jadhav, died, L.Rs. and others vs. Executive Engineer and others), this Court (Coram: R. G. Avachat, J.) allowed the applicants to withdraw the amount. Hence, the following order;

ORDER

i) The application is partly allowed.

ii) The applicant is permitted to withdraw 75% of the amount deposited with this Court with accrued interest, on furnishing usual undertaking to the satisfaction of the learned Registrar (Judicial) of this Court. Balance amount be invested in a fixed deposit in any Nationalized Bank as per rules. ( S. G. MEHARE ) JUDGE rrd Signed by: Rajesh Rameshrao Davane Designation: PA To Honourable Judge Date: 21/03/2024 16:08:21