Bombay High Court
Super Agricultural Produce ... vs Pandit Khemchand Harane And ... on 9 July, 2021
Bench: R. G. Avachat
1 FA-923-2020.doc
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO. 923 OF 2020
WITH
CIVIL APPLICATION NO.3623 OF 2021
Super Agricultural Produce Market
Committee, Jadhavwadi, Aurangabad
Through its Secretary,
Vijay Ashruba Sirsat ... Appellant
Versus
Pandit Khemchand Harane and another ... Respondents
....
Mr. S. S. Thombre, Advocate for the appellant
Mr. S. B. Solanke, Advocate for respondent No.1
Mr. S. S. Dande, AGP for respondent No.2 - State
....
CORAM : R. G. AVACHAT, J.
DATED : 09th JULY, 2021
PER COURT :-
. The challenge in this appeal is to the judgment and
award dated 18.01.2019, passed by the 3rd Joint Civil Judge, Senior
Division, Aurangabad in L.A.R. No.131 of 1997.
2. Heard. Perused the impugned award and the related
documents.
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3. Shri S. S. Thombre, learned Advocate for the appellant
would submit that the impugned award has been passed ex parte.
The Land Acquisition Officer had awarded the compensation amount
of Rs.32,000/- per Hectare. The Reference Court enhanced it to
Rs.1,00,000/- per Acre. The increase is manifold. It is a public
money. He, therefore, urged for setting aside of the impugned order
with remand of the matter to the Reference Court to decide it afresh
after giving an opportunity of hearing to the parties to the Reference.
4. Shri S. B. Solanke, learned Advocate for respondent
No.1 - Claimant would submit that the land has been acquired way
back in 1987. For over years, the claimant has been deprived of
compensation for acquisition of the land. The appellant slept over its
right. He, therefore, urged for dismissal of the appeal.
5. The respondent No.1 - Claimant has also preferred the
application seeking withdrawal of the amount of compensation
deposited in this Court. According to him, only 60% of the amount
under the award has been deposited in this Court.
6. Shri S. S. Thombre, learned Advocate for the appellant,
would on the other hand, objected for withdrawal of the amount of
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compensation. According to him, the appellant has a very good case
to succeed in the L.A.R.
7. It is true that the Land Acquisition Officer had awarded
the compensation of Rs.32,000/- per Hectare. The Reference Court
has enhanced it to Rs.1,00,000/- per Acre.
8. The award has been passed ex parte. It is, therefore,
desirable to set aside the impugned award and remand the matter
back to the Reference Court to decide it afresh within a time frame.
9. So far as regards application for withdrawal of the
amount of compensation is concerned, I am inclined to permit the
claimant (applicant) to withdraw 50% of the entire amount under
the award. In view of the above, I pass the following order:-
ORDER
(i) The impugned award is set aside.
(ii) The matter is remanded back to the Reference Court to
decide it afresh, after affording an opportunity of
hearing to the parties concerned, within a period of
three months from the date of receipt of the copy of
this order.
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4 FA-923-2020.doc
(iii) Civil Application No.3623 of 2021 is partly allowed.
The claimant is permitted to withdraw 50% amount
under the award, on furnishing solvent security to the
satisfaction of the Registrar (Judicial) of this Court.
Balance amount be invested in fixed deposit in any
nationalised bank till disposal of the Reference.
(iv) In case, the Reference Court dismisses the Reference or
enhances the compensation to a quantum lesser than
the amount to be withdrawn, then the
applicant/claimant shall repay the requisite amount.
(v) The Reference Court shall decide the Reference
uninfluenced by order granting withdrawal of the
amount.
(vi) Pending civil application No.3588 of 2021 is disposed
of.
[ R. G. AVACHAT, J. ]
SMS
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