The State Of Maharashtra Through Collector Beed v. Bharat Manohar Jadhav
2025:BHC-AUG:27764 1 936-CA 12207-2024+.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO. 12207 OF 2024 IN FA/430/2025 The State Of Maharashtra Through Collector, Beed .. Applicant
Versus
Bharat Manohar Jadhav .. Respondent Mr. R. B. Dhaware, AGP for the Applicant.
Smt. Anjali Dube - Bajpai, Advocate for Respondent. WITH CIVIL APPLICATION NO. 10856 OF 2025 IN FA/430/2025 Bharat Manohar Jadhav .. Applicant
Versus
The State Of Maharashtra Through Collector .. Respondent Smt. Anjali Dube - Bajpai, Advocate for Applicant. Mr. R. B. Dhaware, AGP for the Respondent/State. CIVIL APPLICATION NO. 12227 OF 2024 IN FA/431/2025 The State Of Maharashtra Through Collector Beed, And Another .. Applicants
Versus
Smt. Bhagirthibai Daulla Kadam (Died) Through L.Rs. Shashikala And Others .. Respondents
2 936-CA 12207-2024+.odt Smt. R. R. Tandale, AGP for the Applicants.
Smt. Anjali Dube - Bajpai, Advocate for Respondents. WITH CIVIL APPLICATION NO. 10858 OF 2025 IN FA/431/2025 Smt. Bhagirthibai Daulla Kadam .. Applicant
Versus
The State Of Maharashtra Through Collector .. Respondent Smt. Anjali Dube - Bajpai, Advocate the Applicant. Smt. R. R. Tandale, AGP for for Respondents.
CORAM : KISHORE C. SANT, J.
DATE : 01st OCTOBER, 2025.
PER COURT :- CIVIL APPLICATION NO. 10856 OF 2025 :
CIVIL APPLICATION NO. 10858 OF 2025 :
1.
Heard.
2.
This application is for withdrawal of the amount deposited by the appellant - State in the office of this Court pursuant to impugned judgment and award. The learned Land Acquisition Officer had granted compensation at the rate of Rs. 263/- per R and Rs. 328/- per R to the lands in Gat Nos. 104 and 106 respectively. The learned Reference Court awarded the rate of
3 936-CA 12207-2024+.odt Rs. 1875/- per R. The appeals are, therefore, filed by the State. 3.
The learned A.G.P. opposes the applications stating that the enhancement is exorbitant and is more than six times of the amount awarded by the learned S.L.A.O. If the amount is withdrawn, it would be difficult to recover the said amount, in case, appeals are allowed.
4.
Considering that the applicants are the claimants who lost their lands in acquisition, this Court is inclined to pass following order :
ORDER
(I) The applicants are permitted to withdraw 50% of the amount deposited in the office of this Court along with accrued interest on giving usual undertaking. Further 25% of the amount is allowed to be withdrawn on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this Court. Remaining amount be invested in a fixed deposit in any Nationalized Bank till disposal of the appeals. (II) With this, the civil applications stand allowed and disposed of.
4 936-CA 12207-2024+.odt CIVIL APPLICATION NO. 12207 OF 2024 :
CIVIL APPLICATION NO. 12227 OF 2024 :
1.
Since the applicants have already deposited entire amount as per the impugned judgment and award, there shall be stay to the impugned judgment and award till disposal of the appeals. 2.
With this, civil applications for stay stand disposed of. ( KISHORE C. SANT, J. ) P.S.B.