Bombay High Court
Baban S/O Anna Namde And Others vs The State Of Maharashtra Through ... on 20 October, 2022
Bench: S. G. Dige
{1} CAST 27704 OF 2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION (STAMP) NO.27704 OF 2022
IN FAST/21030/2020
WITH CIVIL APPLICATION NO.3767 OF 2021
IN FAST/21030/2020
WITH CA/9069/2021 IN FAST/21030/2020
BABAN ANNA NAMDE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Applicants : Ms.Pradnya Talekar h/f. Talekar and
Associates
AGP for Respondents-State : Mr.S.N.Morampalle
Advocate for Respondent No.3 : Mr.S.S.Patunkar h/f. J.P.Legal
Associates
...
CORAM : S. G. DIGE, J.
DATE : 20th October, 2022
PER COURT :-
1. Civil Application (Stamp) No.27704 of 2022 is not on board.
It is taken on board.
2. Heard learned counsel for the applicants and learned
counsel for respondent No.3.
3. Learned counsel for the applicants submits that lands of
the applicants are acquired by respondent No.3. Though lands
are acquired, no compensation is paid to the applicants till fling
of the First Appeal by the applicants before this Court.
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{2} CAST 27704 OF 2022
Respondent No.3 has challenged the order passed by the
Reference Court before this Court. This Court has granted
interim stay to the impugned order subject to deposit of
Rs.75,00,000/- out of the award amount. Respondent No.3 has
deposited Rs.75,00,000/- before this Court. Out of
Rs.75,00,000/-, this Court has permitted the applicants to
withdraw Rs.50,00,000/-. On the last date, this Court has
specifcally directed respondent No.3 to take instructions
regarding deposit of remaining award amount. The award
amount comes to more than Rs.2 Crores. It is submitted that
every time, respondent No.3 takes time to deposit the amount
but respondent No.3 has not deposited remaining award amount
before this Court. The lands of the applicants are situated in the
heart of the City. It has non-agricultural potential. The market
value of the said lands is more than Rs.7,000/- per sq.ft.
Respondent No.3 has given rate of Rs.470/- per sq.ft. whereas
the Reference Court has enhanced the amount to Rs.1661/- per
sq.ft. Inspite of that, respondent No.3 does not want to deposit
entire award amount before this Court. Hence, requested to
vacate the interim stay granted by this Court and permit the
applicants to withdraw Rs.25,00,000/- alongwith accrued interest
thereon deposited in this Court.
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{3} CAST 27704 OF 2022
4. Learned counsel for respondent No.3 submitted that
already respondent No.3 has deposited more than 50% amount
out of the award amount before this Court. Earlier respondent
No.3 has paid Rs.28,00,000/- to the applicants and thereafter,
this Court has permitted the applicants to withdraw
Rs.50,00,000/-. Respondent No.3 is not in a position to deposit
remaining award amount. The applicants have fled First Appeal
for enhancement of compensation amount, which is pending
before the Division Bench of this Court. Let both the matters
clubbed together and be heard fnally at the admission stage. As
respondent No.3 has deposited more than 50% amount out of
award amount, hence, requested for continuation of stay. He,
strongly objected for withdrawal of the amount.
5. I have heard both the learned counsel. The lands of the
applicants are acquired by respondent No.3. Compensation
granted by the Reference Court is within four times. The order of
the Reference Court is challenged by respondent No.3 before this
Court. It is the contention of the applicants that they have not
received compensation of acquired lands as per the market
value. Ad-interim stay order is passed behind their back. If ad-
interim stay is to be continued, respondent No.3 be directed to
deposit remaining award amount, whereas it is the contention of
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{4} CAST 27704 OF 2022
the learned counsel for respondent No.3 that the matter be
heard fnally at the admission stage and respondent No.3 is not
in a position to deposit remaining award amount. In my view,
when the lands of the applicants are acquired then it is bounden
duty of respondent No.3 to pay compensation as per the
Reference Court's order. If respondent No.3 is dissatisfed with
the Judgment and order of the Reference Court then respondent
No.3 has to deposit remaining award amount before this Court. If
respondent No.3 is not in a position to deposit 100% amount
then respondent No.3 has to deposit atleast 80% amount
because the compensation awarded under the impugned
Judgment and order is within four times. As per calculation of
learned counsel for the applicants, total compensation amount
comes to more than Rs.2 Crores, whereas as per the calculation
of learned counsel for respondent No.3, it comes upto Rs.2
Crores. In these circumstances, in my view, applicants are
entitled to withdraw Rs.25,00,000/- alongwith accrued interest
thereon deposited by respondent No.3 in this Court. Hence, I
pass the following order :
ORDER
(i) Civil Application (Stamp) No.27704 of 2022 is allowed.
{5} CAST 27704 OF 2022
(ii) Applicants are permitted to withdraw Rs.25,00,000/-
alongwith accrued interest thereon on furnishing undertaking.
(iii) Interim relief as granted earlier to continue till next date.
(iv) Learned counsel for respondent No.3 submits that he is
ready to argue on the stay application, delay condonation
application on merits on the next date. His statement is
accepted as a last chance.
(v) Civil Application (Stamp) No.27704 of 2022 is disposed of.
(vi) Stand over to 14-11-2022.
( S. G. DIGE )
JUDGE
SPT
