Bandusing Gapatsing Thakur ... vs The State Of Maharashtra ...
2021 Latest Caselaw 14484 Bom

                                                                            8-sr.no.921.odt


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                        CIVIL APPLICATION NO.3122 OF 2021
                                       AND
                        CIVIL APPLICATION NO.7639 OF 2020
                                        IN
                         FIRST APPEAL ST. NO.1998 OF 2020


Bandusing Ganpatsing Thakur (deceased),
through L.Rs.
1-a) Kusumlata Bandusing Thakur and ors.                         ..Applicants
                Vs.
The State of Maharashtra and ors.                                ..Respondents

                              ----
Mr.Vaibhav Deshmukh, Advocate h/f. Mr.A.B.Kale, Advocate for
applicants
Mr.A.M.Phule, AGP for respondent-State
Mr.M.K.Goyanka, Advocate for respondent-Maharashtra State Transport
                                ----

                                    CORAM : R.G. AVACHAT, J.

DATE : OCTOBER 05, 2021 ORDER :-

Heard learned counsel appearing for the parties. Perused

the impugned award.

2. Learned counsel for the appellant-acquiring body would

submit that the land acquired is agricultural one. The S.L.A.O. has,

however, granted compensation at the rate of little over Rs.37 per

square metre. The sale instances relied upon are from Bhusawal town,

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whereas the land acquired is situated at village Kandari. The

distance between the two is of little over 6 kms. According to

learned counsel, the reference court ought not to have increased the

amount of compensation offered by the S.L.A.O. He, therefore,

urged for rejection of the applications.

3. Learned counsel for the applicants/claimants would, on

the other hand, submit that in paragraph 12 of the impugned

judgment, the reference court has observed that the land is situated

within the Municipal limits. The same has been acquired for

construction of S.T. depot and quarters for it's employees. As such,

the land has N.A. potentiality. Inadequate compensation has been

granted.

4. After having considered the rival submissions, the

applicants are permitted to withdraw 50% of the amount in deposit;

25% amount be paid on furnishing usual undertaking and 25%

amount be paid on furnishing solvent security/surety or bank

guarantee.

5. The amount be transferred to the reference court at

Bhusawal, for being paid to the applicants/claimants there. The

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undertaking and other documents once furnished, be transmitted to

the Registry of this court immediately.

6. The applications stand disposed of accordingly.

7. Considering the issue involved, the appeal would be

heard finally at admission stage.

[R.G. AVACHAT, J.]

KBP