Bombay High Court
Sheshrao Eknath Dete And Anr vs The Ex. Engineer, Beed Irrigation ... on 18 July, 2022
Bench: S. G. Dige
1
11509.21CA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
45 CIVIL APPLICATION NO.11509 OF 2021
IN FIRST APPEAL NO.1067 OF 2019
SHESHRAO EKNATH DETE & ANOTHER
VERSUS
THE EXECUTIVE ENGINEER, BEED IRRIGATION DIVISION
& ANOTHER
...
Advocate for Applicants : Mr.S.E.Shekade
AGP for Respondent-State : Mr.S.S.Dande
Advocate for Respondent no.1 : Mr.M.C.Swami
...
CORAM : S.G.DIGE, J.
DATE : 18.07.2022
P.C. :
Heard learned counsel for the applicant,
learned A.G.P and learned counsel appearing for
respondent no.1.
2. Learned counsel for the applicants submits
that respondent No.1 has acquired the land of applicant
for minor irrigation tank. The learned reference Court
allowed the reference fled by the applicants and
directed to pay enhanced compensation amount.
Respondent No.1 was directed to deposit entire amount
by this Court. Respondent No.1 has deposited 50%
amount before this Court. The applicants withdrew 25%
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11509.21CA
amount out of 50% amount. The applicants are poor
agriculturist and are in need of fnancial assistance. The
only source of livelihood and income was agricultural
land which is acquired by respondent No.1. The
applicants are in need of amount for daily expenses, for
education purpose and for medical purpose of family
members hence request to permit to withdraw the
entire deposited amount.
3. Learned counsel for respondent No.1
submits that the learned reference Court has given
twenty times more amount which is disputed by
respondent No.1 in appeal. The learned reference Court
while granting 20 times more amount has not
considered the evidence on record. If the applicants are
allowed to withdraw entire amount and respondent No.1
succeed in the appeal then it will be difcult for the
respondent No.1 to recover the amount. Hence
requested to dismiss the application.
4. I have heard both the learned counsel.
Admittedly, the lands of the applicants are acquired in
the year 1996. The source of earning of the applicants
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11509.21CA
was land which was acquired by respondent No.1. The
learned reference Court has passed Judgment and
award directing respondent No.1 to pay the
compensation to the applicant. Thereafter application
for enhancement of compensation amount was fled by
the applicant which was allowed by the learned
reference Court. Respondent No.1 is disputing about the
quantum of amount awarded to the applicant. In my
view, it can be considered at the time of fnal hearing of
the appeal but till then the applicant cannot be deprived
from getting compensation for which they are entitled.
The applicant can be allowed to withdraw 25% of the
amount of the entire deposited amount. Hence I pass
the following order :
ORDER
(i) Application is allowed.
(ii) The applicants are permitted to withdraw 25% of
deposited amount.
(iii) Applicant shall furnish solvent surety at the time
of withdrawal of amount.
11509.21CA
(iv) Civil Application is accordingly disposed of.
[S.G.DIGE]
JUDGE
DDC
