Rangnath S/O Munjaba Jadhav And Anr vs Union Of India Thr General Manager, ...
2024 Latest Caselaw 1620 Bom

Bombay High Court

Rangnath S/O Munjaba Jadhav And Anr vs Union Of India Thr General Manager, ... on 19 January, 2024

2024:BHC-AUG:1586
                                               1                  36-CA-11713-23,57.odt




                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD


                     36 CIVIL APPLICATION NO. 11713 OF 2023 IN FA/794/2022

                1.    Rangnath s/o. Munjaba Jadhav,
                2.    Jagannath s/o. Munjaba Jadhav,
                      Both resident of Bahegavan,
                      Taluka Wadwani, District Beed             .. Applicants

                           Versus

                1.    Union of India through General Manager
                      Central Railway, Mumbai
                2.    The Deputy Executive Engineer,
                      Nirman Construction, Central Railways, Pune
                3.    The Special Land Acquisition Officer,
                      G.P.No.2, Beed through the Collector, Beed .. Respondents
                                                 ...
                                               AND
                     57 CIVIL APPLICATION NO.188 OF 2024 IN FAST/7599/2022

                1.    Vitthal s/o. Shahurao Maske,
                2.    Kalyan s/o. Shahurao Maske,
                      Both resident of Bahegavan,
                      Taluka Wadwani, District Beed             .. Applicants

                           Versus

                1.     Union of India through General Manager
                       Central Railway, Mumbai
                2.     The Deputy Executive Engineer,
                       Nirman Construction, Central Railways, Pune
                3.     The Special Land Acquisition Officer,
                       G.P.No.2, Beed through the Collector, Beed .. Respondents
                                                  ...
                Mr. Suhas R. Shirsat, Advocate for Applicants;
                Mr. S. S. Deshpande, Advocate for Respondents No.1 and 2
                (through Video Conferencing);
                Mr. A. S. Shinde, A.G.P. for Respondent No.3
                                                  ...

                                                   CORAM : S. G. MEHARE, J.

                                                   DATE    : 19-01-2024
                                  2                  36-CA-11713-23,57.odt



PER COURT :-

1. Heard the learned counsel for the applicants, the learned

counsel for respondents No.1 and 2, and the learned A.G.P. for

respondent No.3.

2. The learned counsel for the applicants submits that in the

appeals arising out of the same award, by the order dated

18.08.2023, the appellant/acquiring body has deposited the

compensation amount with accrued interest thereon in this Court.

The applicants/claimants have requested to withdraw the amount

of compensation deposited by the appellant.

3. The learned counsel for the appellant/acquiring body has

opposed the applications. He submits that the compensation

amount is exorbitant. Hence, the applicants may not be allowed to

withdraw the entire compensation amount.

4. In view of the view taken by this Court, the following order is

passed;

i) Both applications are allowed.

ii) The applicants/claimants are permitted to withdraw the principal amount deposited by the appellant/acquiring body to the extent of their share with an undertaking that they will re-deposit the amount, if the impugned judgments and orders are reversed.

( S. G. MEHARE ) JUDGE rrd