M/S Landmark Developers Thr Partners Lata And ANR v. City And Industrial Development Corporation Aurangabad Thr Its Administrator And ANR

1 CA/ 4400 /2018+

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4400 OF 2018 IN FIRST APPEAL NO. 416 OF 2000 M/S. LANDMARK DEVELOPERS THROUGH PARTNERS

VERSUS

CITY AND INDUSTRIAL DEVELOPMENT CORPORATION AND OTHERS WITH CIVIL APPLICATION NO. 12821 OF 2018 IN CIVIL APPLICATION NO. 4400 OF 2018 IN FIRST APPEAL NO. 416 OF 2000 M/S. LANDMARK DEVELOPERS THROUGH PARTNERS

VERSUS

CITY AND INDUSTRIAL DEVELOPMENT CORPORATION, AURANGABAD THROUGH ADMINISTATOR AND ANOTHER WITH CIVIL APPLICATION NO. 13475 OF 2018 IN CIVIL APPLICATION NO. 4400 OF 2018 IN FIRST APPEAL NO. 416 OF 2000 M/S. LANDMARK DEVELOPERS THROUGH PARTNERS

VERSUS

CITY AND INDUSTRIAL DEVELOPMENT CORPORATION, AURANGABAD THROUGH ADMINISTATOR AND ANOTHER AND CIVIL APPLICATION NO. 5916 OF 2018 IN CA/4400/2018 IN FIRST APPEAL NO. 416 OF 2000 PADMAKAR HARIBHAU MULAY

VERSUS

M/S. LANDMARK DEVELOPERS THROUGH PARTNERS AND OTHERS ...

Mr. V.J. Dixit, Sr. Advocate h/f. Mr. S.S. Koranne, Advocate for applicant in CA/4400/2018, CA/12821/2018 and CA/13475/2018 Mr. A.S. Bajaj, Advocate for respondent no.1 in CA/4400/2018 and CA/12821/2018 Mr. S.N. Kendre, AGP for respondent-State Mr. S.T. Shelke, Advocate for applicant in CA/5916/2018 ...

2 CA/ 4400 /2018+ CORAM : SUNIL P. DESHMUKH & K.K. SONAWANE, JJ.

DATE : 29-10-2018 ORDER :

1.

In respect of land under acquisition against decision in Land Acquisition Reference No. 861 of 1997, aforesaid first appeal bearing no. 416 of 2000 was preferred by the acquiring body - City and Industrial Development Corporation, which has been dismissed and Special Leave Petition by City and Industrial Development Corporation as well, stood dismissed, however, it is being referred to that review of order in Special Leave Petition, is pending.

2.

Learned counsel for applicant fairly refers to that there had been a civil litigation pending between present applicants and applicant in civil application no. 5916 of 2018 in respect of a portion of land from land under acquisition concerned in first appeal no. 416 of 2000. Parties in said civil litigation have reached a settlement in the civil court. Learned counsel for applicant further submits that pursuant to the same, applicant in civil application no. 5916 of 2018 would have to be paid share from land acquisition compensation being received by the applicant herein i.e. M/s. Landmark Developers. He further refers to that

3 CA/ 4400 /2018+ from the amount so withdrawn from this court, his share, as referred to in application tendered today, would be paid to him. 3.

Learned counsel for applicant in civil application no. 5916 of 2018 does not want to object to request made in civil application no. 4400 of 2018 as well as civil application no. 13475 of 2018 filed today.

4.

During the course of hearing, learned counsel Mr. Bajaj for acquiring body City and Industrial Development Corporation submits that withdrawal, if allowed, be made subject to filing an undertaking before this court, as amount so withdrawn would be deposited with the acquiring body or in this court immediately. 5.

Looking at that, the award of land acquisition reference which had been challenged by City and Industrial Development Corporation in this court, had not been disturbed by this court and further that Special Leave Petition preferred by City and Industrial Development Corporation has already been dismissed, it is difficult to accede to the request being made of filing undertaking. Further, needless to refer to that, the withdrawal of amount by applicants would always be subject to decision in review petition pending before supreme court.

4 CA/ 4400 /2018+ 6.

In view of aforesaid, the applicants herein may withdraw the amount deposited towards land acquisition compensation in this court, along with accrued interest thereon, which withdrawal shall of course, be subject to outcome of review petition pending before the supreme court.

7.

Civil application no. 4400 of 2018 accordingly is allowed in terms of prayer clause (B), allowing applicants therein, to withdraw the amount deposited in this court towards land acquisition compensation along with accruals thereon. To that extent, the civil application is allowed and disposed of. 8.

Civil application filed today bearing no. 13475 of 2018 is also disposed of in view of aforesaid.

9.

In view of aforesaid, civil application no. 5916 of 2018 is not entertained and same is disposed of.

10.

Consequently, civil application no. 12821 of 2018 does not survive and same also stands disposed of. [K.K. SONAWANE] [SUNIL P. DESHMUKH] JUDGE JUDGE arp/