Ramrao Govind Hivare (Died) Thr ... vs The State Of Maharashtra, Through ...
2022 Latest Caselaw 2472 Bom

                                                             C.A. No.4255/21 with
                                                                  connected C.As.
                                         :: 1 ::


           IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                               BENCH AT AURANGABAD


                 CIVIL APPLICATION NO.4255 OF 2021 IN
                     FIRST APPEAL NO.2664 OF 2016


 Sayyad Ghudan Shaffiuddin                              ... APPLICANT

          VERSUS

 The State of Maharashtra & ors.                        ... RESPONDENTS

                               .......
 Mrs. P.G. Sontakke, Advocate holding for
 Mr. G.K. Sontakke, Advocate for applicants
 Mr. N.T. Bhagat, A.G.P. for respondents No.1 and 2
 Mr. S.G. Bhalerao, Advocate for respondent No.3.
                               .......

                                         WITH

         CA   NO.4260/2021         IN   FIRST APPEAL     NO.2668/2016,
         CA   NO.4256/2021         IN   FIRST APPEAL     NO.2670/2016,
         CA   NO.4257/2021         IN   FIRST APPEAL     NO.2667/2016,
         CA   NO.4262/2021         IN   FIRST APPEAL     NO.2669/2016,
         CA   NO.4264/2021         IN   FIRST APPEAL     NO.2666/2016,
         CA   NO.4259/2021         IN   FIRST APPEAL     NO.2665/2016,
                                        ......

                                  CORAM :          MANGESH S. PATIL AND
                                                   R. G. AVACHAT, JJ.

                                  DATE :           11th MARCH, 2022.
 PER COURT :

Heard learned counsel for the parties. These Civil

Applications have been moved for withdrawal of the amount/s

in deposit with this Court. The applicants were owners of the

lands acquired for public purpose. They had preferred Land

C.A. No.4255/21 with connected C.As.

:: 2 ::

Acquisition Reference/s for enhancement of compensation

offered by the Land Acquisition Officer. Their L.A.Rs. were

allowed. Both, the applicants on one hand and the acquiring

body on the other, preferred appeal/s, taking exception to

judgment and award passed in the L.A.Rs. The amount in

deposit with this Court is of compensation payable to the

applicants. There is, however, dispute over the quantum

payable to each of the applicants. There are connected

matters as well. Those are pending for hearing.

2. Since there is a dispute over the quantum of

compensation payable to the applicants herein, for the

present we propose to pay the applicants the amount over

which the acquiring body has no objection. A chart prepared

by the acquiring body has been placed on record. The same

is marked as "X" for identification. As per the said chart, the

amount stated hereinbelow is payable to the respective

applicant/s :-

Civil Appln. No. Name of the Applicant/s Amount (Rs.) CA No.4255/2021 in Sayyad Ghudan 1,50,39,081/-

  FA No.2664/2016    Shaffiuddin
  CA No.4260/2021 in Ravi Govind Hivare                   2,79,26,783/-
  FA No.2668/2016





                                                      C.A. No.4255/21 with
                                                          connected C.As.
                                 :: 3 ::


  CA No.4256/2021 in Ramrao Govind Hivare,             3,84,32,857/-
  FA No.2670/2016    Died L.Rs.
                     Mathurabai Ramrao
                     Hivare & anr.

CA No.4257/2021 in Govind Dattatray Hivare 2,79,15,748/- FA No.2667/2016 CA No.4262/2021 in Deepak Dattatray Hivare 2,81,29,942/- FA No.2669/2016 CA No.4264/2021 in Kiran Ramrao Hivare 4,18,82,942/- FA No.2666/2016 CA No.4259/2021 in Manmath Yadhav 4,49,01,752/-

FA No.2665/2016 Shivpule & anr.

3. In view of there being no objection to pay the

applicant/s the amount/s stated as against their names, for

the present, each of the applicants be paid the same along

with interest accrued thereon.

(R.G. AVACHAT, J.) (MANGESH S. PATIL, J.)

fmp/-