Bombay High Court
Pandharinath Narayan Kadu And Anr vs The State Of Maharashtra Thr The ... on 9 November, 2023
Bench: Amit Borkar
2023:BHC-AS:34465
14-wp-13946-2023.doc
SA Pathan
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.13946 OF 2023
Pandharinath Narayan Kadu & Anr ... Petitioners
V/s.
The State of Maharashtra Through The
Special Land Acquisition ... Respondent
Mr. Sachin S. Punde, for Petitioner.
Mr. Ajay Chate, AGP a/w Mr. P. P. Pujari, AGP, for State-
Respondent.
CORAM : AMIT BORKAR, J.
DATED : NOVEMBER 9, 2023
P.C.:
1. By the present writ petition, the petitioners are challenging
order passed by the Executing Court rejecting petitioners
application for withdrawal of compensation amount.
2. Petitioners land was acquired by Notification dated 21
November 1991 for Navi Mumbai project.
3. On 15 November 1994, the Special Land Acquisition Officer
(SLOA) passed an award.
4. On 13 January 1995, the reference Court enhanced the
compensation to Rs.850/- per square meter.
5. The State has filed First Appeal No.419 of 2012 which is
admitted.
14-wp-13946-2023.doc
6. The petitioners have filed Darkhast proceeding in the year
2012.
7. On 25 April 2019, this Court passed order of stay subject to
deposit the entire decretal amount within 12 weeks from the date
of order. Within the prescribed period, the decretal amount was
not deposited and, therefore, the order of stay did not come in
operation.
8. On 12 January 2023, the respondent has deposited
Rs.56,01,715/- as per the award.
9. On 30 January 2023, the petitioners filed an application for
withdrawal of the said amount.
10. The Executing Court rejected the application on the ground
that this Court on 25 April 2019 has granted stay and merely,
because the amount is not deposited within the prescribed time,
the petitioner is not entitled to withdraw the amount.
11. On perusal of the application, it appears that the petitioners
in paragraph 3, have referred the judgment of this Court passed in
L.A.R. No.665 of 2000, the land acquired for same project. This
Court enhanced the compensation of Rs.1,380/- per square meter.
According to petitioners, the land acquired for the Navi Mumbai
project i.e. Mauje Kopar in Panvel Taluk and Kopar Village, Wahal
is a village in CBD Belapur. According to them, both Wahal and
Kopar villages have been earmarked for the Navi Mumbai project
and they are on the same highway/state road i.e. Panvel-Uran
highway and comparatively petitioners village near CBD Belapur.
Therefore, according to them, compensation granted by the
14-wp-13946-2023.doc
Reference Court of Rs.850/- per square meter, is on the lower side
and, it is possible that this Court in the first appeal may enhance
the compensation to bring them in tune with the judgment in
L.A.R. No.665 of 2000.
12. I have considered the judgment in the case of State of
Maharashtra Versus Trimbak Joma Thakur (Deceased through his
legal representatives) Dashrath Trimbak Thakur & Ors., reported in
2007 (5) Mh.L.J. 187. It appears that in the said judgment, this
Court fixed the rate of compensation i.e. Rs.1,725/- per square
meter for the land acquired for same project.
13. The Executing Court, therefore, ought to have allowed the
petitioners to withdraw the amount. Hence following order:
a) The application filed below Exhibit 40 in Execution Petition
No.70 of 2012 is allowed subject to petitioners filing undertaking
to this Court that in case this Court reduce the amount of
compensation below Rs.850/- per square meter.
b) The respondent shall redeposit the balance amount of
compensation with the Special Land Acquisition Officer (SLOA)
within 8 weeks from the date of judgment along with interest at
bank rate prevalent on the relevant time.
c) The petitioners are permitted to withdraw the amount along
with accrued interest, if any.
14. The writ petition stands disposed of in above terms. No
costs.
(AMIT BORKAR, J.)
