Malikarjun Madhav Deshmukh Vs the State of Maharashtra and Anr. — Bombay HC (2024) — LawSathi Research

Malikarjun Madhav Deshmukh Vs the State of Maharashtra and Anr. — Bombay HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Applicants permitted to withdraw 75% of their share of the deposited compensation with accrued interest — 50% on furnishing an undertaking, and a further 25% on furnishing a solvent surety to the satisfaction of the Registrar (Judicial) of this Court.

Issue for consideration

Whether the applicants/original claimants should be permitted to withdraw the compensation amount with accrued interest deposited by non-applicant No. 2 (the Acquiring Body) with the Registry of this Court, notwithstanding that the First Appeals challenging the enhancement award remain pending.

Court's answer

Permission is granted to the applicants to withdraw 75% of their share out of the deposited amount, with certain conditions.

Ratio / Principle

The withdrawal is structured in tranches: 50% of the compensation out of the deposited amount with accrued interest on furnishing an undertaking, and a further 25% with accrued interest on furnishing a solvent surety to the satisfaction of the Registrar (Judicial) of this Court.

Detailed headnote1 paragraphs

Bombay High Court (Aurangabad Bench), Order dated 7th May, 2024 (Y. G. Khobragade, J.; neutral citation 2024:BHC-AUG:9975): Five civil applications by original land-acquisition claimants (Malikarjun Madhav Deshmukh; Mohan Ramrao GhONSE; Digambar Bhojraj Chavan and Others; Ashok Mukindrao Shinde; Dinkar Narsingrao Phattepure) sought withdrawal of compensation with accrued interest deposited with the Court Registry by non-applicant No. 2, the Acquiring Body (Executive Engineer, Minor Irrigation Division, Latur), pursuant to the interim-stay condition imposed on 14.09.2015 in Civil Application No. 10785 of 2015. Lands had been acquired for the Haladwadhona Storage Tank, Tq. Jalkot, Dist. Latur; the Reference Court's Judgment and Award dated 13.04.2012 in LAR Nos. 293 of 2010 to 301 of 2010 enhanced compensation @ Rs.1150 per R (equivalent to Rs.46,000/- per Acre), and the Acquiring Body's First Appeals remain pending. Holding: applicants permitted to withdraw 75% of their share of the deposited amount with accrued interest — 50% on furnishing an undertaking and a further 25% on furnishing a solvent surety to the satisfaction of the Registrar (Judicial); civil applications disposed of accordingly.

2024:BHC-AUG:9975

924-withdrawal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

CIVIL APPLICATION NO. 6679 OF 2020 IN FAST/23618/2015

MALIKARJUN MADHAV DESHMUKH

VERSUS

THE STATE OF MAHARASHTRA AND ANR WITH

CIVIL APPLICATION NO. 6676 OF 2020 IN FAST/23602/2015

MOHAN RAMRAO GHONSE

VERSUS

THE STATE OF MAHARASHTRA AND ANR WITH

CIVIL APPLICATION NO. 6681 OF 2020 IN FAST/23630/2015

DIGAMBAR BHOJRAJ CHAVAN AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANR WITH

CIVIL APPLICATION NO. 11652 OF 2021 IN FAST/23472/2015

ASHOK MUKINDRAO SHINDE

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, LATUR

AND ANOTHER

WITH

CIVIL APPLICATION NO. 11651 OF 2021 IN FAST/23621/2015

DINKAR NARSINGRAO PHATTEPURE

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, LATUR AND ANOTHER

Mr. P. V. Gole h/for Mr. V. D. Gunale, Advocate for Applicant Mr. S. V. Hange, AGP for the Respondents, State.

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924-withdrawal

CORAM : Y. G. KHOBRAGADE, J. DATE : 7th May, 2024

ORDER :

By the present applications, the applicants/ original claimants prayed for permission to withdraw the entire amount of compensation with accrued interest deposited by the non- applicant No.2 Acquiring body with Registry of this Court.

Lands of the applicants/claimants were acquired by Respondent No.2 for the purpose of Haladwadhona Storage Tank at Haladwadhona, Tq. Jalkot Dist. Latur. By Judgment and Award dated 13.04.2012 passed in LAR Nos. 293 of 2010 to 301 of 2010, the learned Reference Court enhanced the compensation @ Rs.1150 per R i. e. equivalent to Rs.46,000/- per Acre. The said judgment and award is challenged by the Acquiring Body in the above First Appeals. On 14^th September, 2015, this Court passed an order in Civil Application No. 10785 of 2015 with connected matters and granted interim stay to the judgment and award on condition of depositing the decreetal amount under the award by Acquiring Body within eight weeks. The office note reflects about the deposit of the decreetal amount by the Executive Engineer, Minor Irrigation Division Latur/ Acquiring Body in group of matters through Advocate Shri D. B. Pawar, the learned counsel for the Aurignacian Body.

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924-withdrawal

Therefore, for the reasons described in the applications, the applicants are permitted to withdraw 75% amount of their share out of the deposited amount with certain conditions. Hence, the following

order:

O R D E R

(i) The applicants are permitted to withdraw the compensation to the extent of 50% out of the deposited amount with accrued interest, on furnishing undertaking and further 25% amount with accrued interest on furnishing solvent surety to the satisfaction of the Registrar (Judicial) of this Court.

(iii) Civil applications are accordingly disposed off.

( Y. G. KHOBRAGADE, J. )

JPChavan

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