Disposed

Vishwanath Shankar Patil v. the Special Land Acquisition Officer and Ors.

Bombay HC8 May 2024WP/6845/2024

Case brief

AI extract

What is this about?

Petitioner challenged an order requiring a 100% Bank Guarantee for withdrawal of land acquisition compensation deposited in execution. Relying on Bahubali Ravaji Doshi, the Court remanded to the Reference Court to decide shares, directing release against 50% Bank Guarantee and 50% Indemnity Bond.

What did the court decide?

Matter remanded to Reference Court to decide shares and allow withdrawal on 50% Bank Guarantee and 50% Indemnity Bond; writ petitions and interim application disposed of.

Vishwanath Shankar Patil vs the Special Land… — Execution and Attachment | Bombay HC (2024)

¶1

P-6-WP-6813-2024+WP-6845-2024+IA-10457-2024(IA(ST)-14864-2024).doc

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

¶3

Digitally signed by SATISH RAMCHANDRA SATISH SANGAR RAMCHANDRA SANGAR Date: 2024.10.22 18:59:36 +0530

¶4

WRIT PETITION NO.6813 OF 2024 WITH

¶5

WRIT PETITION NO.6845 OF 2024

¶6

Vishwanath Shankar Patil

¶7

Age : 72 Years, Occupation : Retired, Residing at : Bokadvira, Taluka : Uran, District : Raigad.

¶8

... Petitioner

¶9

Versus

¶10

The Special Land Acquisition Officer Metro Centre No.1, Uran, Dist. : Raigad.

¶11

Mr.Tushar Jagdish Patil Age : 40 Years, Occupation : Service, Residing at : Bokadvira, Taluka : Uran, District : Raigad.

¶12

Smt.Namrata Jagdish Patil Age : 38 Years, Occupation : Housewife, Residing at : Bokadvira, Taluka : Uran, District : Raigad.

¶13

Smt.Rajni Amit Patil

¶14

Age : 37 Years, Occupation : Housewife, Residing at : Murbi Village, Kharghar, Taluka : Panvel, District : Raigad.

¶15

Mr.Rajesh Jagdish Patil Age : Nil, Occupation : Nil, Residing at : 129, Edgar Road, Whitton, Post Cost TW 45QN, United Kingdom.

¶16

Satish Sangar

¶17

1/6

¶18

P-6-WP-6813-2024+WP-6845-2024+IA-10457-2024(IA(ST)-14864-2024).doc

¶19

Smt.Ratnprabha Narayan Patil Age : 66 Years, Occupation : Housewife, Residing at : Bokadvira, Taluka : Uran, District : Raigad.

¶20

Shree Mayur Narayan Patil Age : 34 Years, Occupation : Service, Residing at : Bokadvira, Taluka : Uran, District : Raigad.

¶21

Smt.Dipika Narayan Patil Age : 36 Years, Occupation : Housewife, Residing at : Bokadvira, Taluka : Uran, District : Raigad.

¶22

Shree Anant Shankar Patil Age : 81 Years, Occupation : Retired, Residing at : Bokadvira, Taluka : Uran, District : Raigad.

¶23

Smt.Manjula Balkrishna Patil Age : 80 Years, Occupation : Housewife, Residing at : Mulekhand, Taluka : Uran, District : Raigad.

¶24

Smt.Sushila Maruti Mhatre Age : 74 Years, Occupation : Housewife, Residing at : Chirner, Taluka : Uran, District : Raigad.

¶25

Smt.Revati Ashok Mumbaikar Age : 62 Years, Occupation : Housewife, Residing at : Change, Taluka : Uran, District : Raigad.

¶26

Smt.Bhagirathi @ Bhagyalata Shankar Patil Age : 52 Years, Occupation : Nil, Residing at : Change, Taluka : Uran, District : Raigad. ... Respondents

¶27

Satish Sangar

¶28

2/6

¶29

P-6-WP-6813-2024+WP-6845-2024+IA-10457-2024(IA(ST)-14864-2024).doc

¶30

WITH

¶31

INTERIM APPLICATION NO.10457 OF 2024 [INTERIM APPLICATION (ST) NO.14864 OF 2024]

¶32

Mr.Tushar Jagdish Patil Age : 40 Years, Occupation : Service, Residing at : Bokadvira, Taluka : Uran, District : Raigad and Others.

¶33

... Applicants

¶34

In the matter between :-

¶35

Vishwanath Shankar Patil Age : 72 Years, Occupation : Retired, Residing at : Bokadvira, Taluka : Uran, District : Raigad.

¶36

... Petitioner

¶37

Versus

¶38

The Special Land Acquisition Officer Metro Centre No.1, Uran, Dist. : Raigad and Others. ... Respondents

¶39

¶40

Mr.Sandesh Patil i/b. Mr.Saurabh Advocates for Petitioner. Patil a/w Ms.Kshema Mahali, Mr.Vipul Raut:Ms.Priyanka Lanke i/b. Mr.Nitesh Advocate for Respondent Nos.2 Bhutekar:to 5, 12 and 13. Ms.Savita Prabhune:AGP for Respondent No.1– Special Land Acquisition Officer.

¶41

¶42

CORAM : S. M. MODAK, J. DATE : 15^th OCTOBER 2024

P. C. :-

Satish Sangar

3/6

P-6-WP-6813-2024+WP-6845-2024+IA-10457-2024(IA(ST)-14864-2024).doc

¶47

The Petition is taken on board by way of praecipe.

¶48

I have heard learned Advocate for the Petitioner and learned AGP.

¶49

Shankar Vithal Patil and others have applied for withdrawal of amount deposited towards land acquisition compensation. It was by way of MCA No.10 of 2018. The Executing Court ordered release of Rs.8,59,25,324/- (Rupees Eight Crore Fifty Nine Lakh Twenty Five Thousand Three Hundred Twenty Four) on furnishing 100% Bank Guarantee. Present Petitioner Vishwanath filed Writ Petition (ST) No.9786 of 2024. This Court directed the trial Court to dispose of withdrawal Application expeditiously.

¶50

Present Petitioner filed withdrawal Application in Special Darkhast No.9 of 2024 without insisting for Bank Guarantee. The Executing Court refused to reconsider the prayer for withdrawal without Bank Guarantee as per order dated 25^th April 2024. (Page No.58). It is challenged in this Petition.

¶51

Learned Advocate for Petitioner has tendered a copy of order dated 11^th September 2024 passed by this Court in Writ Petition No.6813 of 2024 and other connected Petitions including present Petition. This Court has considered the percentage of Bank Guarantee

¶52

Satish Sangar

¶53

4/6

¶54

P-6-WP-6813-2024+WP-6845-2024+IA-10457-2024(IA(ST)-14864-2024).doc

¶55

which was directed by the same Court in other matters and direction was given to Government Pleader.

¶56

Today, the contention is, imposing condition to furnish 100% Bank Guarantee is too onerous and already the land of the Petitioner is acquired and he is not having funds for obtaining Bank Guarantee. Instead, he suggested there can be a Bank Guarantee for 50% and 50% can be withdrawn on Indemnity Bond.

¶57

Learned AGP submitted that the reference Court has considered wrong date while calculating the compensation. Their First Appeal is pending. They can certainly agitate that issue before the First Appellate Court.

¶58

In fact, the present Petitioner was non Applicant No.2 in Special Darkhast No.9 of 2024. It is reflected in Para No2 of the impugned order. Even, learned Advocate for Respondent Nos.2 to 5, 12 and 13 is praying for the same directions. They have filed Interim Application No.1045 of 2024. They have also prayed for setting aside the orders dated 25^th April 2024 passed on their separate Applications. There also, reference Court have asked them to furnish 100% Bank Guarantee. Even, they can be permitted the same advantage as granted to the Petitioner. In this Petition, there are in all 12 private

¶59

Satish Sangar

¶60

5/6

¶61

P-6-WP-6813-2024+WP-6845-2024+IA-10457-2024(IA(ST)-14864-2024).doc

¶62

Respondents. All of them have not appeared. Now, it is for the reference Court to decide the entitlement of every Applicant and the respective quantum.

¶63

The amount of TDS is deducted on interest amount. It is clarified in Para No.5 of Affidavit-in-Reply filed by the Deputy Collector.

¶64

The Hon’ble Supreme Court in case of Bahubali Ravaji Doshi and Ors. V/s. State of Maharashtra and Anr .¹ directed the reference Court to release 50% with security and remaining 50% without

¶65

security. Same directions can be issued. Hence, order:-

¶66

O R D E R

¶67

(i) The matter is remanded back to the Reference Court with direction to decide the share of the Petitioner as well as Respondent Nos.2 to 13.

¶68

(ii) After ascertaining their share, the Reference Court while allowing the withdrawal to impose a condition of 50% Bank Guarantee and 50% Indemnity Bond.

¶69

In view of that, Interim Application and Writ Petitions are

¶70

disposed of.

¶71

[S. M. MODAK, J.]

¶72

1 Civil Appeal No.7193 of 2016 : 1^st August 2016 : Supreme Court of India

¶73

Satish Sangar

¶74

6/6

Vishwanath Shankar Patil v. the Special Land Acquisition Officer and Ors.

Case brief

What is this about?

What did the court decide?

Vishwanath Shankar Patil v. the Special Land Acquisition Officer and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Smita Nitin Sheth Vs Shashi Prabhat Jhunjhuwala

Smita Nitin Sheth Vs Prabhat Jhunjhunwala

Kaluram Krishna Kadav Vs State of Maharashtra

Sahebrao Dinkar Jadhav Vs State of Maharashtra

Arun Gulabrao Nalawade Vs State of Maharashtra

Rajeshwar Hemchandra Kasar Vs the State of Maharashtra