Bombay High CourtCA/11457/2025disposed off

Karbhari Kisan Neharkar Died Thr Lrs Kamalbai Karbhari Neharkar And ORS v. The G.M.I.D.C., Thr The Ex. Engineer, Beed Irrigation Division, Beed And ORS

2025-10-14Hon'Ble Shri Justice Abhay S. Waghwase2 pages

930-CA-11452-2025+ -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 930 CIVIL APPLICATION NO. 11452 OF 2025 IN FA/3231/2019 WITH CA/11461/2025 IN FA/3234/2019 WITH CA/4505/2019 IN FA/1811/2020 WITH X-OBJECTION NO. 89 OF 2025 IN FA/3234/2019 WITH X-OBJECTION NO. 86 OF 2025 IN FA/3231/2019 WITH X-OBJECTION NO. 85 OF 2025 IN FA/3233/2019 WITH CA/11459/2025 IN FA/3235/2019 WITH CA/11454/2025 IN FA/1813/2020 WITH CA/11453/2025 IN FA/1812/2020 WITH CA/4499/2019 IN FA/1812/2020 WITH CA/4497/2019 IN FA/1810/2020 WITH X-OBJECTION NO. 88 OF 2025 IN FA/3235/2019 WITH X-OBJECTION NO. 87 OF 2025 IN FA/1810/2020 WITH CA/11455/2025 IN FA/1811/2020 WITH CA/11460/2025 IN FA/1810/2020 WITH CA/4509/2019 IN FA/1813/2020 WITH CA/11457/2025 IN FA/3233/2019 WITH CA/11456/2025 IN FA/3232/2019 JALINDAR KARBHARI NEHARKAR AND OTHERS

VERSUS

THE G.M.I.D.C., THR THE EX. ENGINEER, BEED IRRIGATION DIVISION, BEED AND ORS ...

Advocate for Applicants : Mr. Ramraje A. Deshmukh AGP for Respondent-State : Mr. D. R. Korade ...

CORAM :

ABHAY S. WAGHWASE, J.

DATED :

14 OCTOBER 2025 PER COURT :- 1.

Heard both sides. Learned counsel for the claimants has moved for modification of order passed by this Court by which, this Court had, after hearing both sides, directed withdrawal of 12% of the total

930-CA-11452-2025+ -2amount deposited. There is serious contest on the rate awarded by the Special Land Acquisition Officer and the Reference Court as well as the claim set up by the claimants herein. An assertive statement has been made by learned counsel for the claimants that till date, rupees five crore and odd amount is only deposited when, inclusive of interest, the figure goes to around rupees ten crores. 2.

Learned counsel Mr. Gaikwad for the acquiring body puts up a proposal for placing the matters for final hearing itself. Learned counsel for the claimants has no objection for the same. Therefore, the appeals being of the years 2019 and 2020, these matters be placed on board dated 09.12.2025 at 2.30 p.m. for final hearing. 3.

Learned counsel for the claimants has also specifically pointed out that, the order of this Court passed on 06.09.2024, directing the acquiring body to calculate the up to date interest and deposit the same within eight weeks, but the same has not been complied. Learned counsel Mr. Gaikwad makes a submission that proposal is underway and serious efforts are made to arrange the amount. Therefore, today again, the acquiring body is to take note that entire decretal amount along with up to date interest should be deposited in this Court on or before 09.12.2025. 5.

Place the matters for further consideration on 09.12.2025 at 2.30 p.m.

[ABHAY S. WAGHWASE, J.] vre