Babasaheb Sahebrao Chavan v. The State Of Maharashtra And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 908 CIVIL APPLICATION NO.12804 OF 2019 IN FIRST APPEAL NO.1046 OF 2020 BABASAHEB SAHEBRAO CHAVAN

VERSUS

THE STATE OF MAHARASHTRA & OTHERS ...

Mr.Kumar Gaurav M.More, Advocate for the applicant - claimant.

Mr.P.M.Kulkarni, AGP for the respondentState. Mr. Anil M.Gaikwad, Advocate for the respondent nos.2 and 3.

...

CORAM : V.L.ACHLIYA,J.

DATE : 09.12.2020 P.C.

1] The applicant-claimant has moved this application seeking withdrawal of the amount.

2] Heard learned counsel for the applicant - claimant and the appellantacquiring body. Perused the order granting stay to the award passed. This Court has granted stay to the execution of the award subject to deposit of amount to the extent of

50% of the amount awarded by the Reference Court.

3] In brief, it is the contention of the learned counsel for the appellantacquiring body that the SLAO has awarded the compensation @ Rs.3380/- per Are which has been enhanced to Rs.3750/- per Are without any evidence supporting to such enhancement adduced on the part of the applicantclaimant. So also on account of fruit bearing trees the SLAO has awarded sum of Rs.3 lac which has enhanced to Rs.4 lac. In that view, the amount awarded by the Tribunal is excessive. So also the interest has been awarded is contrary to the decision of the Full Bench in the case of State of Maharashtra Vs. Kailash Shiva Rangari reported in 2016 [3] Mh.L.J. 457.

4] On the other hand, learned counsel for the applicant - claimant submits that the amount deposited is only to the extent of 50% of the amount awarded by the Reference Court. Even if the award is modified, no prejudice would cause to the appellant-acquiring body.

5] On due consideration of the

submissions advanced and taken into consideration that this Court has granted stay to the execution of the award on deposit of 50% of compensation determined by the Reference Court, I am of the view that the applicant-claimant deserves to be permitted to withdraw the amount to the extent of 75% of the amount deposited by the appellantacquiring body on furnishing undertaking. Accordingly, the application is partly allowed. The applicant-claimant be permitted to withdraw the amount to the extent of 75% of the amount deposited on furnishing written undertaking to the effect that in the event the award is set aside or modified by this Court, the applicant-claimant shall redeposit the amount within eight [8] weeks from the date of passing of such order. The amount be paid only through transfer in the savings bank account of the applicant on furnishing written undertaking.

6] After making amount to the extent of 75% to the applicant-claimant, the balance amount be invested in Fixed Deposit till disposal of Appeal, if not already invested.

7] Civil Application is disposed of in above terms.

[V.L.ACHLIYA] JUDGE DDC