Bombay High Court
Baliram Vyankatrao Gadekar And ... vs State Of Maharashtra And Another on 30 May, 2017
Bench: R.M. Borde
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wp3319.99.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 3319 OF 1999
1. Baliram s/o Vyankatrao Gadekar
age 55 years, occ. agril
r/o Gangapur, Tq. & Dist. Latur.
2. Ram s/o Amrutrao Shinde
age 60 years, occ. & r/o as above.
3. Hamidabegam w/o Syed Jayanoddin
age 75 years, occ. agril
r/o as above.
4. Shivling s/o Vishwanathappa Arbale
died through LRs
Navnath Bhiku Kavitke
age 30 years, occ. agril
r/o as above. Petitioners
Versus
1. The State of Maharashtra
Through Secretary Revenue and
Forest Dept.
Mantralaya, Mumbai
2. Divisional Commissioner
Aurangabad.
3. Special Land Acquisition Officer
Suvarna Project Latur
Dist. Latur Respondents
Mr S.K. Adkine, advocate for the petitioners.
Mr. S.P. Sonpawale, A.G.P. for Respondents.
CORAM : R.M.BORDE, J.
DATE : 30th MAY, 2017
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wp3319.99.odt
ORAL JUDGMENT :
1. Petitioners are praying for issuance of directions to
respondents to release the amount covered by award declared
under section 28A of the Land Acquisition Act.
2. The land belonging to petitioners has been acquired for
public purpose. The award came to be declared in respect of the
acquired land on 30.06.1992 and the petitioners were granted
compensation at the rate of Rs. 25,000/- per hector for dry land
and Rs. 37,500/- per hector for irrigated land. Being aggrieved by
the award, one of the agriculturists covered by the award
approached Civil Court by presenting Land Acquisition Reference
No. 50/1992 seeking enhancement in the amount of
compensation. The amount of compensation payable to the said
agriculturist i.e. Sopan has been enhanced by the Jt. Civil Judge,
Senior Division, Latur. Petitioners claimed enhanced amount in
accordance with the decision in LAR No. 50/1992 presented by
Sopan by presenting proceeding under section 28A of the Land
Acquisition Act.
3. Application tendered by petitioners came to be allowed and
the award has been declared under section 28A of the Land
Acquisition Act. However, as a pre-condition for releasing amount,
respondent - Land Acquisition Officer has called upon the
petitioners to submit bank guarantee of the Nationalised Bank.
Respondent has placed reliance on a circular issued by the State
Government on 25.03.1994 directing that in the event of
presentation of appeal against the award, which is the basis for
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wp3319.99.odt
directing enhancement under section 28A of the Land Acquisition
Act, in order to secure the amount that would be released by the
State Government, the claimant/agriculturist shall be called upon
to furnish bank guarantee of Nationalised Bank while releasing the
amount.
4. In the instant matter, the circular does not appear to be
applicable for the reason that it has not been demonstrated by
respondent that any appeal has been presented against the award
declared in favour of Sopan i.e. LAR No. 50/1992 decided by Jt.
Civil Judge, Senior Division, Latur, on 30.03.1996. There was
absolutely no reason for the respondent - Land Acquisition Officer
to call upon the petitioners to furnish bank guarantee as a pre-
condition for releasing the amount. Direction issued by
respondent in that regard is accordingly quashed and set aside.
Respondents are directed to release the amount determined under
section 28A of the Land Acquisition Act in favour of petitioners
together with interest till the date of payment of amount, as
expeditiously as possible, preferably within a period of six weeks
from today. Respondent shall not insist upon the petitioners to
submit any bank guarantee or solvent security and shall release
the amount unconditionally. Rule is accordingly made absolute.
In the facts and circumstances of the case, there shall be no order
as to costs.
( R.M.BORDE )
JUDGE
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