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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
904 CIVIL APPLICATION NO.128 OF 2021
IN FA/2951/2019
SHRIMANT GYANBA NAGIME
VERSUS
THE STATE OF MAHARASHTRA AND ANR
WITH CA/9894/2019 IN FA/2945/2019 WITH CA/130/2021
IN FA/2955/2019 WITH CA/131/2021 IN FA/2960/2019
WITH CA/9922/2019 IN FA/2949/2019 WITH CA/9918/2019
IN FA/2951/2019 WITH CA/132/2021 IN FA/2945/2019
WITH CA/9896/2019 IN FA/2960/2019 WITH CA/9907/2019
IN FA/2955/2019 WITH CA/9916/2019 IN FA/2952/2019
WITH CA/127/2021 IN FA/2949/2019 WITH CA/129/2021 IN
FA/2952/2019
...
Advocate for Applicants : Mr. Patil V. B.
AGP for Respondent/s-State : Mr. S. R. Yadav-Lonikar.
Advocate for Respondent No.2 : Mr. S. G. Karlekar.
...
CORAM : RAVINDRA V. GHUGE, AND
S. G. MEHARE, JJ.
DATE : 05.10.2021
PER COURT :-
In Civil Applications for withdrawal of amount
1. By these applications, the applicants prays for withdrawal of the amount that has been deposited in this Court by the appellant. This Court had passed an order on ::: Uploaded on - 07/10/2021 ::: Downloaded on - 07/10/2021 23:49:43 ::: 2 904-CA.128-21 & ors..odt 23.08.2019, thereby directing the appellant to deposit the entire award amount in this court.
2. We have considered the extensive submissions of the learned advocate for the applicants, Mr. Karlekar, the learned advocate appearing on behalf of the acquiring body and the learned AGP on behalf of the State.
3. There is no dispute that the Land Acquisition Officer has granted compensation of Rs.3,000/- per R. to the petitioners/ applicants and similarly situated claimants, whose lands have been acquired for a Public Project. This amount has already been withdrawn by the applicants. In the enhancement proceedings, the L.A.R. Court has treated the lands to be irrigated lands and has awarded an enhancement of compensation to the tune of Rs.16,160/- per R. In order to better assess the conclusions of the L.A.R. Court, at a prima facie stage, we have called upon the learned advocate for the claimants to place before us the evidence that he led, along with the cross-examination. Accordingly, he has placed on record his examination-in-chief and his cross-examination (11 pages), which are collectively marked as 'X-1' for identification. ::: Uploaded on - 07/10/2021 ::: Downloaded on - 07/10/2021 23:49:43 :::
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4. We have perused 'X-1'. The applicants have brought on record the valuation of borewell and pipe line, which are marked as Exh.107 to 113. He has also produced certain receipts from the concerned shop indicating that he has sold Jaggery and Kardi. He has produced sugarcane tax receipts. He has produced sugarcane tax paid receipts which are at Exh.57 to 72 and has also produced certificates issued by Sugar Factories which are marked at Exh.52 to 56. However, in cross-examination, he has admitted that he does not have any documentary evidence to indicate that he is a member of any sugar factory.
5. The learned advocate for the acquiring body submits that notwithstanding the lifting of the area restrictions permitting sugarcane growers to supply sugarcane to factories beyond the limits of the factory which is nearest to their agriculture field, a sugarcane supplier has to be registered with some sugarcane factory. Even the 7/12 extract do not indicate that sugarcane crop was taken by the petitioners/ applicants. It was also admitted in cross-examination that the sale deeds placed on record by the applicants were not belonging to their village. ::: Uploaded on - 07/10/2021 ::: Downloaded on - 07/10/2021 23:49:43 :::
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6. In view of the above and to balance the equities, we are of the considered view that the applicant could be permitted to withdraw 60% of the amount that is deposited in this Court, with certain conditions.
7. In view of the above, all these applications for withdrawal of amount are partly allowed with the following directions :
(a) The applicants would be permitted to withdraw 60% of the amount deposited in this Court.
(b) They shall tender an affidavit undertaking to the extent of withdrawing 30% of the said amount (50% of the amount that we permit him to withdraw).
(c) The undertaking shall contain a statement that if the First Appeals' result in an order adverse to the interest of the applicants, they would re- deposit the excess amount in this Court within ten (10) weeks from the date of the judgment.
(d) The remainder 30% (meaning 50% of the
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amount that we have permitted him to
withdraw) shall be withdrawn by tendering security to the satisfaction of the Registrar of this Court. They will also place on record recent photographs, proof of their permanent addressess along with the applications for withdrawal.
8. Since the appellant has deposited the amount as directed by this Court, which was a pre condition for staying the impugned L.A.R. awards, Civil Application Nos.127 of 2021, 128 of 2021, 129 of 2021, 130 of 2021, 131 of 2021 and 132 of 2021 stand allowed and the interim relief granted by this Court is confirmed till the decision in the first appeals.
In First Appeals
9. Call for Record and Proceedings.
(S. G. MEHARE, J.) (RAVINDRA V. GHUGE, J.) ...
vmk/-
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