Vishwanath Shankar Patil v. The Special Land Acquisition Officer And ORS
Vina Khapde (P.S.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION Digitally signed by VINA ARVIND KHADPE Date:
2024.09.12 16:19:37 +0530 WRIT PETITION NO.6813 OF 2024 VINA ARVIND KHADPE WITH WRIT PETITION NO.6845 OF 2024 Vishwanath Shankar Patil .. Petitioner
Versus
The Special Land Acquisition Officer and ors .. Respondents WITH INTERIM APPLICATION NO.10457 OF 2024 IN WRIT PETITION NO.6813 OF 2024 Tushar Jagdish Patil .. Applicant In the matter between :
Vishwanath Shankar Patil .. Petitioner
Versus
The Special Land Acquisition Officer and ors .. Respondents ....................
Mr. Sandesh Patil i/b. Mr. Saurabh Patil for the Petitioners. Mr. Prathamesh Mandlik a/w Ms. Priyanka Lanke i/b. Mr. Nitesh Bhutekar for Respondent Nos.2 to 5, 12 and 13. ...................
CORAM
: MILIND N. JADHAV, J.
DATE : SEPTEMBER 11, 2024 P.C.
:
1.
Heard Mr. Patil, learned counsel for the Petitioners. 2.
He has placed before me a decision of the Supreme Court dated 1.8.2016, interalia, pertaining to land acquisition matters in the State of Maharashtra. Therein, there is a direction of the Supreme Court which states that the High Court may adopt the same pattern in all the connected cases, so that parties do not have to unnecessarily travel to
the Supreme Court. The question before the Supreme Court was with respect to release of 50% of the amount deposited by the State without security and the remaining 50% with security to the satisfaction of the Court.
3.
As observed in the previous two orders dated 12.08.2024 and 21.08.2024, it is seen that the same land acquisition Court has allowed claimants' to withdraw 50% of the amount deposited by the State without security and the remaining 50% with security. Similar application was made by the Petitioners before me, which has however been rejected by the same Court.
4.
List of cases in which the Court has allowed withdrawal of the amount to the claimants to the extent of 50% without security is appended at page 71 to the Petition. For the sake of convenience and reference, the details of the orders passed by the same Court in the years between 2018 & 2023 with respect to the above proposition advanced by Mr. Patil are reproduced below. It is seen that there are in fact 32 cases in which the Court has permitted withdrawal of 50% of the amount without security / bank guarantee. For ease of convenience and reference, the details of the said cases are reproduced below :- 28/11/2023 73-74 49/2022
30/10/2023 75-77 55/2018 Without Bank Rs.1124 19/10/2023 78-79 77/2022 guarantee 09-12-2023 80-82 113/2020 09-12-2023 83-84 102/2020 Rs.1124 17/07/2023 85-88 18/2023 Rs.600 04-06-2023 89-92 47/2017 02-06-2023 93-96 220/2018 02-06-2023 97-98 99/2020 01-05-2023 99-100 12/2019 15/10/2022 101-102 216/2018 15/10/2022 103-106 129/2019 09-06-2022 107-110 147/2019 60 percent 12-02-2021 111-118 215/2018 Rs.600 22/11/2021 119-134 58/2016 60 percent 15/11/2021 135-142 205/2019 40 percent 15/11/2021 143-156 13/2019 60 percent 21/10/2021 157-164 218/2018 60 percent 21/10/2021 165-172 221/2018 21/10/2021 173-176 214/2018 60 percent 21/10/2021 177-180 213/2018 40 percent 10-08-2021 181-190 219/2018 40 percent 10-07-2021 191-198 61/2018 25 percent Rs.600 10-06-2021 199-202 194/2018 40 percent Rs.1150 04-08-2021 203-204 68/2019 Rs.600 26/11/2020 205-206 50/2017
Rs.600 16/11/2019 207-210 53/2016 Rs.600 21/08/2019 211-214 68/2018 Rs.600 21/08/2019 215-218 57/2018 07-12-2019 219-222 49/2018 60 percent 20/06/2019 223-226 152/2017 Without bank 25/04/2018 227-230 13/2018 guarantee 5.
Learned Government Pleader is directed to take cognizance of the above and obtain appropriate instructions and inform this Court accordingly, failing which this Court will have to consider the request of Mr. Patil and also pass appropriate and similar orders in accordance with law.
6.
Stand over to 18 September 2024.
Vina Khadpe [ MILIND N. JADHAV, J. ]