Maruti Dagadu Dhobale vs The Union Of India, Through- ...
2022 Latest Caselaw 9766 Bom

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                                                                     13463.22CA+

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                  22 CIVIL APPLICATION NO.13463 OF 2022
                 IN FA/3349/2018 WITH CA/13468/2022 IN
            FA/3348/2018 WITH CA/13469/2022 IN FA/3342/2018
                WITH CA/13467/2022 IN FA/3343/2018 WITH
           CA/13466/2022 IN FA/3347/2018 WITH CA/13464/2022
                 IN FA/3344/2018 WITH CA/13465/2022 IN
                               FA/3346/2018

                          VILAS TOPAJI KHANDARE
                                   VERSUS
                       THE UNION OF INDIA AND ORS
                                       ...
          Mr. C.K. Shinde, advocate for the applicants
          Mr.M.N. Navandhar, advocate for respondent nos.1 and 2.
          Mr. S.S. Dande, AGP for respondent/State.
                                       ...
                                     CORAM : S.G.DIGE, J.
                                     DATE : 26.09.2022
          P.C. :

          1.               Heard the learned counsel for the applicants.


          2.               The learned counsel for the applicants submits
          that the applicants' lands are acquired by respondent no.1
          in the year 2011. Since then the applicants have not
          received the compensation in respect of their lands.
          Reference Court has enhanced the amount of compensation
          of the applicants' lands. The said judgment and order is
          challenged by respondent nos.1 and 2 before this Court.
          The applicants are poor farmers. They need the amount for
          daily expenses. Hence requested to allow the applications.




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          3.               The learned counsel for respondent nos.1 and 2
          submits that the exorbitant compensation is awarded by the
          Reference            Court.   The    learned      Reference        Court       has
          considered the six sale instances and on that basis the
          enhanced amount of compensation is awarded, which is
          impugned by respondent nos.1 and 2 by way of appeals. If
          the applicants are permitted to withdraw the amount and
          respondent nos.1 and 2 succeed in the appeals, it will be
          difficult for respondent nos.1 and 2 to recover the amount.
          Hence requested to dismiss the applications.


          5.               I have heard all the learned counsel.


          6.               Admittedly, the lands of the applicants are
          acquired in the year 2011. The applicants have not received
          any      compensation          about    their     acquired        lands.      The
          Reference Court has enhanced the compensation. The
          applicants are poor farmers. They require the amount for
          their daily expenses. Hence I pass the following order :-
                                               ORDER

(i) The applications are allowed.

(ii) The applicant/applicants is/are permitted to withdraw 50% amount out of 50% amount deposited along with accrued interest thereon on furnishing the undertaking.

(iii) Respondent nos.1 and 2 have deposited 50% amount

13463.22CA+

before this Court, it be transmitted to the Reference Court, Beed for withdrawal.

(iv) The applicants shall file undertaking before the Reference Court, Beed.

(v) The applications are disposed of accordingly.

[S.G.DIGE] JUDGE SGA