Bombay High Court
Jalindar Karbhari Neharkar And Ors vs The G.M.I.D.C., Thr The Ex. Engineer, ... on 9 October, 2025
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 8090 OF 2024
IN FA/3231/2019
JALINDAR S/O KARBHARI NEHARKAR AND OTHERS
VERSUS
GODAVARI MARATHWADA IRRIGATION DEVELOPMENT
CORPORATION, THR. THE EXECUTIVE ENGINEER, BEED
.....
Advocate for Applicants : Mr.Ramraje Deshmukh
Advocate for Respondent no.1 : Mr. Anil M. Gaikwad
AGP for Respondent nos.2 & 3 : Mrs.A.S.Mantri
.....
WITH CIVIL APPLICATION NO. 8084 OF 2024 IN FA/3234/2019
WITH CIVIL APPLICATION NO. 8875 OF 2024 IN FA/1813/2020
WITH CIVIL APPLICATION NO. 8876 OF 2024 IN FA/1812/2020
WITH CIVIL APPLICATION NO. 8083 OF 2024 IN FA/3235/2019
WITH CIVIL APPLICATION NO. 8086 OF 2024 IN FA/3233/2019
WITH CIVIL APPLICATION NO. 8085 OF 2024 IN FA/3232/2019
WITH CIVIL APPLICATION NO. 8900 OF 2024 IN FA/1810/2020
WITH CIVIL APPLICATION NO. 8917 OF 2024 IN FA/1811/2020
....
CORAM : ABHAY S. WAGHWASE, J.
RESERVED ON : 26 SEPTEMBER, 2025
PRONOUNCED ON : 09 OCTOBER, 2025
ORDER :
-
1. Heard.
2. Instant applications by original landowners, whose lands
stood acquired by respondent no.1/acquiring body, are for
withdrawal of amount.
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3. Land of applicants came to be acquired by original
respondent no.3/acquiring body for the purpose of construction
of storage tank at Chardari, Tq.Wadwani, District Beed. Special
Land Acquisition Officer (SLAO) awarded compensation @
Rs.345/- per Are in some cases and Rs.280/- per Are in some
cases as per categories of land. Applicants/landowners took the
money under protest and approached Reference Court seeking
enhancement. By Judgment and order dated 30-04-2016, the
learned Reference Court, after hearing both the sides, was
pleased to enhance compensation to the tune of Rs.3,750/- per
Are against which acquiring body seems to have come in appeal,
precisely on the ground that, learned Reference Court has
enhanced compensation at enormously exorbitant rate, which is
almost ten times the rate awarded by the SLAO. Said appeals
are pending herein.
4. Learned counsel for applicants pointed out that total
decreetal amount for the acquisition goes to over Rs.7 crores.
That, in fact acquiring body, at the time of appeal before this
Court, deposited only Rs.5 crores and some odd amount that too
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in two installments. Thus, entire decreetal amount is not
deposited by acquiring body, in spite of acquiring lands of
landowners decades back. He emphasized that original
landowners have lost their lands decades back, which was their
sole source of income and moreover, now their amounts, which
they are entitled to receive, are lying in this Court and
landowners are in need of money for their means and survival.
Learned counsel pointed out that till date only 65% amount of
the total decreetal amount is deposited. He further pointed out
that, this Court by order dated 08-09-2020, permitted applicants
to withdraw the 50% of deposited amount in five appeals on
regular undertakings, which are already done.
5. He further pointed out that, in 2024, again demand for
withdrawal of the remaining amount was put up and that, this
Court by distinct orders dated 06-09-2024, was pleased to allow
withdrawal 25% of the deposited amount with proportionate
interest accrued thereupon in six appeals and 50% of the
deposited amount with proportionate interest accrued thereon
in four appeals. Further this Court, by order dated 18-09-2024,
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also granted liberty to the present applicants to renew their
request for withdrawal of amount after it is deposited by the
acquiring body. He also submits that interest on the awarded
amount is not yet deposited by the acquiring body.
Learned counsel placed on record all such orders for kind
consideration of this Court and urged again to permit applicants
to withdraw amount lying in this Court, which has remained
after initial withdrawal.
6. Learned counsel for respondent no.1/acquiring body took
strong objection by inviting attention of this Court to the order
dated 08-09-2020 and submitted that, this Court in clear terms
has observed that enhancement of compensation is ten times
more than the compensation awarded by SLAO and as such
there is arguable case to be considered in appeals. He further
submitted that, such observations of this Court clearly show that
there is a good case on merits in appeals, which are pending and
if claimants are allowed to withdraw remaining amount also,
then their right of appeal would get frustrated and further
rendering it difficult to recover the amount, if appeal goes their
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way. For all above reasons, present applications are opposed.
7. In the light of above cases and counter cases for
withdrawal, it is emerging that after land acquisition by
Government, SLAO granted compensation @ 345/- per Are in
some cases and Rs.280/- per Are in some cases. Reference
Court's order shows that this amount of compensation is
enhanced to Rs.3,750/- per Are, which is almost ten times the
initial amount of compensation. There is no dispute that this
Court by order dated 08-09-2020, in appeals by the acquiring
body, permitted withdrawal of 50% of deposited amount,
however, in paragraph 6, it is clearly observed that,
compensation being ten times more than the compensation
awarded by the SLAO, in the view of the Court, there is an
arguable case to be considered in appeals, meaning thereby that
there is merit in the appeals of acquiring body, which is yet to be
taken up for decision.
8. No doubt, as submitted by learned counsel for
applicants/landowners, total decreetal amount for
compensation is said to be running in Rs.7 crores and some odd
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amount. Learned counsel for acquiring body, on court query,
submitted and even learned counsel for applicants/landowners
agreed that, as on today, acquiring body has deposited
Rs.5 crores and some add amount, which is said to be 65% of
the decreetal amount. By virtue of above mentioned orders,
part amount alongwith interest accrued thereon is already
withdrawn by the applicants. Thus, actual amount as on today
remained in the Court is to the tune of Rs.2,57,33,535/- and
interest over it, is reported to be Rs.71,45,555/-. Thus, in all, as
on 04-10-2025, amount lying in this Court is Rs.3,28,79,090/-.
9. Above discussion shows that appeals are of 2019 and 2020
i.e. six years back. In consequence of order of this Court dated
18-09-2024, permitting landowners to renew their request,
present applications for further withdrawal are pressed into
service. What is obvious from above discussion is that current
prayer for withdrawal of amount is only from the amount
deposited by acquiring body till date in this Court.
10. Hence, taking into account the fact that lands of applicants
are already acquired by the acquiring body in the year 1998, at
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this stage, this Court is inclined to allow applicants to withdraw
12% of balance of deposited amount of their share in respective
appeals on usual undertaking to the satisfaction of the learned
Registrar (Judicial) of this Court. Accordingly, following order is
passed:
ORDER
(I) The applicants - claimants in respective appeals are
permitted to withdraw 12 % of the balance of deposited amount
in respective appeals on furnishing undertaking to the effect that
in the event the award is set aside or modified, the applicants -
claimants shall re-deposit the amount within eight weeks from
the date of such order.
(II) After making payment to the extent of 12%, balance of
deposited amount be invested in fixed deposit with State Bank
of India initially for a period of three years with standing
instructions to renew the same till further orders from the Court.
(III) Payment to be made to the applicants - claimants by
transferring the amount in their individual saving bank accounts
as per the particulars to be furnished by the applicants.
( ABHAY S. WAGHWASE )
JUDGE
SPT
