The Union Of India, Thr The General Manager, Central Railway, Mumbai And ORS v. Ramkisan Bhau Bhillare (Died) Thr Lrs Rajendra And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 925 CIVIL APPLICATION NO.14220 OF 2023 IN FA/3560/2022 WITH CA/14221/2023 IN FA/3560/2022 WITH CA/4884/2022 IN FA/3560/2022 SHANKAR NARAYAN YEOLE AND ORS
VERSUS
UNION OF INDIA THR GENERAL MANAGER, CENTRAL RAILWAY, C.S.T., MUMBAI AND ORS 926 CIVIL APPLICATION NO.14222 OF 2023 IN FAST/8142/2022 WITH CA/14223/2023 IN FAST/8142/2022 TULSHIRAM BHAU MOTE DIED THR LRS KUSUMBAI TULSIRAM MOTE AND ORS
VERSUS
UNION OF INDIA THR GENERAL MANAGER, CENTRAL RAILWAY, C.S.T., MUMBAI AND ORS 927 CIVIL APPLICATION NO.14226 OF 2023 IN FA/2178/2022 WITH CA/14227/2023 IN FA/2178/2022 WITH CA/4650/2022 IN FA/2178/2022 NEMA DHONDIBA BHILLARE DIED THR LRS SUBHASH NEMA BHILLARE AND ORS
VERSUS
UNION OF INDIA THR GENERAL MANAGER, CENTRAL RAILWAY, C.S.T., MUMBAI AND ORS 928 CIVIL APPLICATION NO.14228 OF 2023 IN FA/2697/2023 WITH CA/14219/2023 IN FA/2700/2023 WITH CA/14229/2023 IN FA/2697/2023 WITH CA/14231/2023 IN FA/2697/2023 WITH CA/14230/2023 IN FA/2697/2023 BAPURAO RANGNATH PAWAR AND ORS
VERSUS
UNION OF INDIA THR GENERAL MANAGER, CENTRAL RAILWAY, C.S.T., MUMBAI AND ORS ...
944 CIVIL APPLICATION NO.14243 OF 2023 IN FAST/35259/2021 WITH CA/14242/2023 IN FAST/35259/2021 WITH CA/4543/2022 IN FAST/35259/2021 RAMKISAN BHAU BHILLARE (DIED) THR LRS RAJENDRA AND ORS
VERSUS
UNION OF INDIA THR GENERAL MANAGER, CENTRAL RAILWAY, C.S.T., MUMBAI AND ORS ...
969 CIVIL APPLICATION NO.13920 OF 2023 IN FAST/35327/2021 WITH CA/7092/2023 IN FAST/35324/2021 WITH CA/ 7093/2023 IN FAST/35342/2021 WITH CA/13918/2023 IN FAST/35339/2021 WITH CA/13919/2023 IN FAST/35339/2021 WITH CA/13921/2023 IN FAST/35327/2021 WITH CA/4925/2022 IN FAST/35324/2021 WITH CA/4926/2022 IN FAST/35324/2021 WITH CA/4928/2022 IN FAST/35327/2021 WITH CA/4929/2022 IN FAST/35333/2021 WITH CA/4930/2022 IN FAST/35333/2021 WITH CA/4931/2022 IN FAST/35339/2021 WITH CA/4932/2022 IN FAST/35339/2021 WITH CA/4934/2022 IN FAST/35342/2021 BHIMARAO WAMAN KHENGARE AND ORS
VERSUS
UNION OF INDIA THR GENERAL MANAGER, CENTRAL RAILWAY, C.S.T., MUMBAI AND ORS 970 CIVIL APPLICATION NO.14211 OF 2023 IN FA/3695/2022 WITH CA/14212/2023 IN FA/3695/2022 WITH CA/4882/2022 IN FA/3695/2022 JANU TATYA YEOLE AND ORS
VERSUS
UNION OF INDIA THR GENERAL MANAGER, CENTRAL RAILWAY, C.S.T., MUMBAI AND ORS 971 CIVIL APPLICATION NO.14224 OF 2023 IN FA/1835/2023 WITH CA/14225/2023 IN FA/1835/2023 YESHWANT KISAN SATPUTE DIED THR LRS RANGNATH YESHWANTSATPUTE AND ORS
VERSUS
THE UNION OF INDIA, THR THE GENERAL MANAGER, CENTRAL RAILWAY, MUMBAI AND ORS 972 CIVIL APPLICATION NO.14232 OF 2023 IN FA/2699/2023 WITH CA/14234/2023 IN FA/2699/2023 BAJIRAO TATYABA YEOLE AND ORS
VERSUS
UNION OF INDIA THR GENERAL MANAGER, CENTRAL RAILWAY, C.S.T., MUMBAI AND ORS Advocate for Applicants/ori. claimants : Mr. D.A. Bide ASG for UOI : Mr. A.G. Talhar
CORAM : ARUN R. PEDNEKER, J.
DATED : 07/12/2023 PER COURT :
1.
Heard the learned counsel for the parties.
2.
In civil applications filed for bringing the legal heirs of deceased claimants/applicants on record, for the reasons stated in the applications, the applications are allowed. Legal heirs of the respective deceased applicants/claimants be brought on record by condoning the delay, if any. Necessary amendment be carried out within two weeks from today. Civil applications filed for bringing the legal heirs are disposed of accordingly. 3.
In civil applications filed by the Acquiring Body for condonation of delay mentioned in respective applications, for the reasons stated in the application and particularly, the administrative reasons, the delay is condoned. The applications are allowed and disposed of. 4.
In Civil Applications filed for withdrawal of amount by the original claimants, the learned counsel for original claimants has produced the order dated 22.6.2023 passed by this Court in Civil Application No. 5927/2023 in First Appeal St. No. 7468/2022 and other connected matters, wherein this Court has permitted the applicants therein to withdraw entire amount of compensation along with the accrued interest thereon. The learned counsel submits that present matters arise out of the same acquisition proceedings and identical to the above mentioned matters.
5.
The learned ASG Mr. Talhar appearing for Acquiring Body has strongly opposed the applications for withdrawal of amount.
6.
In view of the earlier order dated 22.6.2023 passed by this Court in Civil Application No. 5927/2023 in First Appeal St. No. 7468/2022 and other connected matters, arising out of the same acquisition proceedings and identical to the present matters, the applicants herein are permitted to withdraw the entire amount of compensation along with accrued interest thereon till date on furnishing usual undertaking to the satisfaction of the Registrar Judicial of this Court. Withdrawal of amount as directed above shall be permitted only after carrying out the necessary amendment in the matters and bringing on record legal heirs of deceased applicants on record. Civil Applications filed for withdrawal of amount are disposed of accordingly.
7.
Since the appellant/Acquiring Body has deposited the amount of compensation as directed by this Court in all these matters, the ad-interim stay granted earlier is confirmed. Stay applications are disposed of accordingly.
8.
Appeals are admitted.
9.
On admission, learned counsel Mr. D.A. Bhide waives service of notice for original claimants in all matters. 10.
Call R. & P.
[ARUN R. PEDNEKER J.] ssc/