Bhausaheb S/O Pandhari Rautrao vs The Executive Engineer Nimna ...
2021 Latest Caselaw 16627 Bom

                                                               946-ca-3776-2021.odt




             IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                        BENCH AT AURANGABAD

                      CIVIL APPLICATION NO. 3776 OF 2021
                                      IN
                        FIRST APPEAL NO. 3062 OF 2019

 Bhausaheb Pandhari Rautrao                    ... Applicant
       Versus
 The Executive Engineer
 Nimna Terna Kalva Vibhag No.2 and others      ... Respondents
                                  ....
 Mr. N. D. Kendre, Advocate for applicant
 Mr. Shyam C. Arora, Advocate for respondent No.1
 Mr. S. S. Dande, AGP for respondent Nos.2 and 3

                                     ....

                                   CORAM : R. G. AVACHAT, J.

DATED : 01st DECEMBER, 2021

PER COURT :-

. Heard.

2. The applicant herein has already withdrawn a sum of

Rs.8,00,000/-. After such withdrawal, an application was moved for

further withdrawal of the amount as there being marriage in the

family. On the ground of marriage in the family, the said application

was partly allowed by this Court permitting further withdrawal of a

sum of Rs.1,00,000/- only. The applicant herein, thereafter,

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approached the Hon'ble Supreme Court. In S.L.P. No.2511/2021, the

Hon'ble Supreme Court, vide order dated 22.02.2021, passed the

following order:-

"Having heard learned counsel for the parties, we enhance the withdrawal of amount to the extent of Rs.10,00,000/- (Rupees ten lac only) since the petitioner wants to perform the marriage of his daughter at this period.

The special leave petition is, accordingly, disposed of. However, it should not be treated as a precedent.

Pending applications, if any, stand disposed of accordingly."

3. It is informed by the learned Advocate for the Acquiring

Body that an application has been moved before the Apex Court for

recall of the said order. The further status of the said application is

however not known. Learned Advocate for the applicant suggested,

if the said order is recalled, the applicant would pay back the

amount.

4. Since the order passed by the Hon'ble Apex Court is to

be complied with, the applicant is permitted to withdraw a sum of

Rs.10,00,000/- (Rupees Ten Lakh) in deposit with this Court. There

is, however, consensus between the learned Advocates that interest

under Section 28 of the Land Acquisition Act, has been awarded in

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breach of Full Bench Judgment of this Court in the case of State of

Maharashtra v. Kailash Shiva Rangari - AIR 2016 BOMBAY 141.

So, on withdrawal of this amount of Rs.10,00,000/-, the applicant

would be receiving approximately a sum of Rs.3,00,000/- more. So

to secure that much amount, the applicant is permitted to furnish

bank guarantee in the sum of Rs.3,00,000/- with a condition to pay

back the same with 5% interest p.a. from the date of receipt of the

amount to the date of repayment, in case so directed by this Court in

this appeal or otherwise.

5. The civil application is accordingly disposed of.

[ R. G. AVACHAT, J. ]

SMS

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