Executive Engineer Minor Irrigation ... vs Devidas Gangadhar Jadhav
2024 Latest Caselaw 6769 Bom

Bombay High Court

Executive Engineer Minor Irrigation ... vs Devidas Gangadhar Jadhav on 1 March, 2024

                           1                915-CA.874-24 & ors.odt


      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD

          915 CIVIL APPLICATION NO. 874 OF 2024
                    IN FAST/20419/2023
             DEVIDAS GANGADHAR JADHAV
                       VERSUS
       EXECUTIVE ENGINEER MINOR IRRIGATION DIV.
         CHHATRAPATI SAMBHAJINAGAR AND ANR

       WITH CIVIL APPLICATION NO. 8659 OF 2023 IN
                    FAST/20419/2023
       WITH CIVIL APPLICATION NO. 8660 OF 2023 IN
                    FAST/20419/2023

                             .....
        Advocate for Applicants : Mr. Shelke Avishkar S.
        AGP for Respondents-State : Mrs. M. L. Sangit.
     Advocate for Respondent No.1 : Ms. Ranjana D. Reddy.
                             .....

                         CORAM :     S. G. MEHARE, J.
                         DATE :      01.03.2024
PER COURT :-


1.    Heard the respective learned counsels.


2.    The house of the applicant has been acquired under

Land Acquisition Act. Considering the market price and

shortage of the residential premises, the award has been

granted only for Rs.2,33,861/-. It is really surprising that for

such a meager amount the State is expending money on

litigation. The applicant has good case. Hence, the following

order is passed :
                                2                 915-CA.874-24 & ors.odt


                              ORDER

(i) The application is allowed.

(ii) Applicant is permitted to withdraw entire amount deposited with this Court with accrued interest with an undertaking to deposit the money, if the impugned judgment and award is reversed.

(iii) The applicant being old, the money deposited with this Court be transferred to the Court of Senior Division, Vaijapur. After received the amount, the Reference Court should release the amount to the applicant on the above undertaking.

(iv) List the matter in due course.

(S. G. MEHARE, J.)

...

vmk/-