Allowed

The Deputy Chief Engineer, Central Railway Division, Ajani, Nagpur v. Shri.Jagdamba Devi and Shri Shankarji Devasthan,Yavatmal Thr. Kulbhushan Gokulprasad Tiwari and Ors.

Bombay HC23 Sept 2024CAF/1455/2024

Case brief

AI extract

What is this about?

The High Court allowed civil applications filed by land claimants seeking permission to withdraw a portion of compensation deposited by the acquiring body under the RFLARR Act, permitting partial withdrawal against undertaking and future withdrawal against security.

What did the court decide?

Permission to withdraw 50% of the deposited compensation with accrued interest on undertaking, with provision for releasing the next 25% upon furnishing solvent surety or bank guarantee.

The Deputy Chief Engineer, Central Railway Division, Ajani… — Land Acquisition | Bombay HC (2024)

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2024:BHC-NAG:11348-DB

2309caf1455.23

Order

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

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CIVIL APPLICATION [CAF] NO.1455/2024 IN CIVIL APPLICATION [CAF] NO.3121/2023 IN FIRST APPEAL ST. NO. 18597/2023.

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The Deputy Chief Engineer, Central Railway.- VERSUS- Smt.Jagdamba Devi and others. CIVIL APPLICATION [CAF] NO.1453/2024 IN CIVIL APPLICATION [CAF] NO.1000/2024 IN FIRST APPEAL ST. NO. 6403/2024.

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The Deputy Chief Engineer, Central Railway.- VERSUS- Pramod Jagdish Tiwari and others.

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___________________________________________________________________________________ Office notes, Office Memoranda of

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Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders.

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Shri N.P. Lambat, Advocate for Applicant/Appellant. Shri M.M. Agnihotri, K. Pathan, A.P.P. for Applicants/Nonapplicants/Claimants.

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Ms M.H. Deshmukh, A.G.P. for Non-applicant /State.

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CORAM : VINAY JOSHI AND VRUSHALI V. JOSHI, JJ.

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DATE : SEPTEMBER 23, 2024.

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Heard.

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Both applications are filed by claimants seeking permission to withdraw the amount of compensation, which has been deposited by the acquiring body in view of the award passed by the Competent Authority under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Rgd.

2309caf1455.23

Order

Corrected as per Courts order dated 07.10.2024.

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Initially the Land Acquisition Officer has awarded compensation @ Rs.10,30,000/- per hector. According to claimants, the compensation should have been granted @ Rs.30,000/- per square meter. Having regard to the evidence, coupled with the documents, the Appellate Tribunal has fixed the compensation @ Rs.2,100/- per sq. meter.

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The learned Counsel for claimants apart from merit, would submit that appeals are not maintainable, since the provision for condonation of delay would not apply.

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Having regard to the nature of evidence and after going through the impugned judgment, we deem it appropriate to permit the claimants to withdraw 50% of the amount with accrued interest, on usual undertaking and next 25% amount along with accrued interest, if any, on furnishing solvent surety or bank guarantee in the like amount on usual terms and conditions.

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Civil Applications are accordingly allowed and disposed of.

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JUDGE JUDGE

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Rgd.

The Deputy Chief Engineer, Central Railway Division, Ajani, Nagpur v. Shri.Jagdamba Devi and Shri Shankarji Devasthan,Yavatmal Thr. Kulbhushan Gokulprasad Tiwari and Ors.

Case brief

What is this about?

What did the court decide?

The Deputy Chief Engineer, Central Railway Division, Ajani, Nagpur v. Shri.Jagdamba Devi and Shri Shankarji Devasthan,Yavatmal Thr. Kulbhushan Gokulprasad Tiwari and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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