Allowed

Dinesh Ghevarchand Khivsara v. Special Land Acquisition Officer General, Dhule and Others

Bombay HC20 Aug 2014CA/5854/2014

Case brief

AI extract

What is this about?

This Court allowed two civil applications filed by original claimants seeking withdrawal of the amount deposited by the respondent acquiring body. The Court held that the applicants are entitled to withdraw the funds by furnishing a personal bond and an undertaking to return the amount with interest if called upon.

What did the court decide?

Withdrawal of deposited amount allowed subject to furnishing a personal bond and undertaking to return the amount with 6% interest within eight weeks.

Dinesh Ghevarchand Khivsara Vs Special Land Acquisition… — Land Acquisition | Bombay HC (2014)

¶1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

¶2

(1) CA NO.5854/2014 & 5853/2014

¶3

CIVIL APPLICATION NO. 5854/2014 IN FIRST APPEAL No.2717/2013

¶4

DINESH GHEVARCHAND KHIVSARA VERSUS

¶5

SPECIAL LAND ACQUISITION OFFICER GENERAL, DHULE AND OTHERS.

¶6

WITH

¶7

CIVIL APPLICATION NO. 5853/2014 IN

¶8

FA/2716/2013 MANISH NARAYAN AGRAWAL

¶9

VERSUS

¶10

SPECIAL LAND ACQUISITION OFFICER GENERAL, DHULE AND OTHERS.

¶11

Mr. V.P.Raje h/f Mr. C.R.Deshpande, Adv., for applicant. Mrs. V.A.Shinde, AGP for respondent State. Mr.Ruturaj G.Patil, Adv., for respondent no.1.

¶12

CORAM : K. K. TATED, J. Dated: August 20, 2014

¶13

PER COURT :-

¶14

Heard learned Counsel for the parties.

¶15

Both these applications are preferred by original claimants for withdrawal of the amount deposited by the respondent acquiring body. Learned Counsel for the applicants submits that in both these matters, the Reference Court awarded enhanced compensation in respect of the acquired land to the tune of Rs.19,500/ - only. He submits that the applicants require the said amount for purchasing some other land. The applicants have given reason to that effect in paragraph no.5 of the civil application.

¶16

AGP/-

¶17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

¶18

(2) CA NO.5854/2014 & 5853/2014

¶19

On the other hand, learned Counsel Mr.Ruturaj Patil appearing on behalf of respondent acquiring body vehemently opposed the present Civil Application. They filed their affidavit in reply to oppose the present civil applications.

¶20

Learned Advocate for the acquiring body submits that there is a dispute between original owners i.e. Nadarbai Daga Mali and Vasant Sudam Pingale in respect of survey No.129. He submits that the acquiring body acquired the land from survey No.129 only. In support of this, he relies on order dated 31^st May, 2013, passed by Additional Commissioner, Nashik Division, Nashik, in RTS/Revision/ 451/2010. On the basis of these submissions, learned Counsel for respondent acquiring body has vehemently opposed the present Civil Application.

¶21

Even learned A.G.P. Mrs. V.a.Shinde also opposed the present civil applications.

¶22

I heard both the sides at length. It is to be noted that in both these matters, the Reference Court has awarded enhanced compensation in respect of acquired land to the tune of Rs.19,500/- only. Not only that, the applicant, in paragraph no.5 of the Civil Application specifically stated that they require the said amount for purchasing some other land. The objection raised by respondent acquiring body in respect of dispute between Nagarbai Daga Mali and Vasant Sidharam Pingale cannot be considered at this stage because in First Appeals the acquiring body is relying upon these documents before this Court.

¶23

Considering the submissions made by learned Counsel for the applicant and averments made in paragraph no.5 of the Civil Applications, I am satisfied that applicants have made out a case

¶24

AGP/-

¶25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

¶26

for allowing these two Civil Applications. Hence, following order: (3) CA NO.5854/2014 & 5853/2014

¶27

ORDER

¶28

A) The applicants are entitled to withdraw the amount deposited by respondent no.3 by furnishing personal bond to the satisfaction of the Registrar ( Judicial), with an undertaking that as and when they are called upon by this Court, to return the amount, they will do it with interest at the rate of 6 per cent per annum within eight weeks.

¶29

B) Both the Civil Applications disposed of accordingly.

¶30

AGP/-

Dinesh Ghevarchand Khivsara v. Special Land Acquisition Officer General, Dhule and Others

Case brief

What is this about?

What did the court decide?

Dinesh Ghevarchand Khivsara v. Special Land Acquisition Officer General, Dhule and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Venkat Gangadhar Bilapatte and Anr. Vs Tulsabai Baburao Dahiphale and Ors.

Nivrutti Madhovrao More and Another Vs the State of Maharashtra and Another

Ambadas Karbhari Madhe and Anr. Vs Divisional Manager Oritental Insu.Co.Ltd and Ors.

Sujanrao Bhagoji Shelar and Others Vs Babasaheb Rambhau Ghadge and Another

Jugalkishor Bansilal Gindodiya and Others Vs Special Land Acquisition Officer General, Dhule and Others

Laxman Arjun Chavan Vs Mithubai Mehtab Sayyed and Others