Kishor Hiraman Patil v. The Ex. Engineer, Minor Irrigation Division (M.I.W) Jalgaon And ORS

{1} drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.12614 OF 2019 FIRST APPEAL NO. 2408 OF 2019 Davaji Pundlik Patil CIVIL APPLICATION NO.12629 OF 2019 FIRST APPEAL NO. 2409 OF 2019 Kishor Hiraman Patil CIVIL APPLICATION NO.12616 OF 2019 FIRST APPEAL NO. 2402 OF 2019 Dnyaneshwar Baban Thakur CIVIL APPLICATION NO.12615 OF 2019 FIRST APPEAL NO. 2407 OF 2019 Girdhar Shivram Wagh

{2} CIVIL APPLICATION NO.12625 OF 2019 FIRST APPEAL NO. 2403 OF 2019 Bhaskar Baban Thakur CIVIL APPLICATION NO.12618 OF 2019 FIRST APPEAL NO. 2404 OF 2019 Minabai Devaji Patil CIVIL APPLICATION NO.12617 OF 2019 FIRST APPEAL NO. 2405 OF 2019 Rajdhar Hari Ahire CIVIL APPLICATION NO.12626 OF 2019 FIRST APPEAL NO. 2406 OF 2019 Namdeo Ramlal Pardeshi CIVIL APPLICATION NO.12628 OF 2019 FIRST APPEAL NO. 2410 OF 2019

{3} Subhash Budha Pardeshi CIVIL APPLICATION NO.12646 OF 2019 FIRST APPEAL NO. 2401 OF 2019 Kishor Hiraman Patil CIVIL APPLICATION NO.12645 OF 2019 FIRST APPEAL NO. 2419 OF 2019 Ganesh Rajdhar Ahire .......

Mr. Vijay B. Patil, Advocate for the applicants Mr. P. N. Kutti, AGP for respondent - State Mr. S. S. Chillarge, Advocate for acquiring body .......

[CORAM : SUNIL P. DESHMUKH AND SMT. VIBHA KANKANWADI, JJ.] DATE : 8 th NOVEMBER, 2019 ORDER :

1.

These are applications for withdrawal of amount deposited by the acquiring body in this court.

{4} 2.

While compensation @ `.16,00,000/- per Acre had been demanded, reference court had granted compensation to the extent of `.5,40,000/- per Acre.

3.

Acquiring body is before this court in first appeal challenging aforesaid award by the reference court. 4.

This court, under an order on applications for stay to award, had directed the acquiring body to deposit entire award amount in this court. Acquiring body has deposited only a partial amount, which is claimed not even one third of the award amount. For withdrawal of said amount, these applications have been moved.

5.

Learned advocate for the acquiring body resists the applications stating that enhancement in compensation is rather too steep and it may be a case wherein compensation for trees has been granted much more than the land value determined. 6.

Although this is so submitted, having regard to various orders passed by this court as well as keeping in view orders passed by the Apex Court, we deem it appropriate to allow the claimants to withdraw 75% of the amount from the amount presently deposited by the acquiring body in this court.

{5} 7.

As such, applicants are permitted to withdraw 50% of the amount presently deposited in this court on furnishing undertaking in this court to the effect that in case first appeals are decided against their interest, they would deposit back the amounts so withdrawn as would be required pursuant to decision in first appeals within a period of eight weeks from the date of such decision. 25% amount from the amount presently deposited be allowed to be withdrawn by the applicants on furnishing solvent surety / security to the satisfaction of the Registrar (Judicial). Balance 25% of the amount deposited by the acquiring body be invested in a fixed deposit in any nationalized bank.

8.

Civil applications stand disposed of. This order would not be an impediment for claimants for making appropriate applications as and when deemed proper.

[SMT. VIBHA KANKANWADI] [SUNIL P. DESHMUKH] JUDGE JUDGE drp/ca12614-19