Mahendra Honsing Patil and Anr. Vs the Collector through the Special Land Acquisition Officer, M.I.W., Jalgaon

Mr. Bhaktraj L. Patil h/f Mr. Ajay D. Pawarr Adv. for the Applicant/s Ms. S. A. Kale h/f Mr. Kale Ajeet Br Advocate for Respondent No.1 Mr. Rajdeep D. Rautr AGP for Respondent No.2

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925-CA-4113-2025.odt

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AND

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CIVIL APPLICATION NO. 718 OF 2021 IN FAST/15883/2020

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Tapi Irrigation Development Co. Thr The Ex. Engineerr M.i.w. Jalgaon

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.....Applicant

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VERSUS

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Latabai Shivaji Patil And Anr.

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.....Respondents

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….. WITH CIVIL APPLICATION NO. 723 OF 2021 IN FAST/15887/2020 WITH CIVIL APPLICATION NO. 721 OF 2021 IN FAST/15951/2020

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WITH CIVIL APPLICATION NO. 725 OF 2021 IN FAST/15954/2020

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Mr. Bhaktraj L. Patil h/f Mr. Ajay D. Pawarr Adv. for the Applicant/s Ms. S. A. Kale h/f Mr. Kale Ajeet Br Advocate for Respondent No.1 Mr. Rajdeep D. Rautr AGP for Respondent No.2

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CORAM : NEERAJ P. DHOTEr J. DATE : 07.05.2025

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PER COURT :

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[I] ORDER IN APPLICATIONS FOR WITHDRAWAL OF THE AMOUNT :

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These are the Applications by the Original Claimant/s for withdrawal of the entire amount deposited by the Acquiring Body with this Court.

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The learned Advocate for the Applicants submits thatr the enhancement made by the learned Reference Court is just fve [5] times the compensation awarded by the Special Land Acquisition Offcer [SLAO]. He submits thatr the Applicants have not received a single pai till date. He submits thatr recently the Acquiring Body has deposited the amount under the Award. He submits thatr this

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925-CA-4113-2025.odt

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Court in connected Appeals permitted the similarly placed Claimants to withdraw 75% amount deposited by the Acquiring Body and thereforer the Applications be allowed.

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The Applications are opposed by the learned Advocate for the Acquiring Body. He submits thatr though the enhancement is fve [5] timesr the interest is granted from Section – 4 Notifcation which ought to have been from the date of Award by the SLAO. Hencer he submits thatr the Applications be rejected.

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The learned AGP for the State submits thatr appropriate orders be passed.

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There is no dispute thatr the similarly placed Claimants are permitted to withdraw 75% of the amount on furnishing usual undertaking. Considering the above submissionsr the Applicants are permitted to withdraw 75% of the amount along with accrued interest thereon deposited by the Acquiring Bodyr subject to furnishing usual undertaking to the satisfaction of the Registrar [Judicial] of this Court. The remaining 25% amount be deposited in Fixed Deposit in any Nationalized Bank on yearly basis which would be renewed from time to time till disposal of the Appeals. Civil Applications stand disposed off accordingly.

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[II] ORDER IN APPLICATIONS FOR CONDONATION OF DELAY :

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These are the Applications for condonation of 684 days delay in preferring the First Appeals by the Acquiring Body against the Award passed by the learned Reference Court under the Land Acquisition Actr 1894.

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It is submitted by the learned Acquiring Body thatr due to administrative reasonsr the Appeals could not be preferred within the stipulated time. Hencer the Applications may be condoned.

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925-CA-4113-2025.odt

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The Applications are opposed by the learned Advocate for the Claimants.

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On hearing both the sides and for the reasons mentioned in Paragraph Nos.4 and 5 of the Applicationsr the said delay is condoned and the Applications are allowed in terms of Prayer Clause - ‘ B ’. Civil Applications stand disposed off accordingly.

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[III] ORDER IN APPLICATIONS FOR STAY :

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These are the Applications for grant of stay.

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The Acquiring Body has deposited the entire amount under the Award. Hencer there shall be stay to the effect and operation of the impugned Judgment and Award dated 31/01/2018r passed by the learned Joint Civil Judger Senior Divisionr Jalgaonr in Land Acquisition Reference Nos. 973/2010r 975/2010r 976/2010 and 975/2010r till disposed of the Appeals. Civil Applications are disposed off accordingly.

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[NEERAJ P. DHOTEr J.]

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Sameer/May-2025

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Signed by: Md. Sameer Q. Designation: PA To Honourable Judge Date: 08/05/2025 18:29:51

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Mahendra Honsing Patil and Anr. v. the Collector through the Special Land Acquisition Officer, M.I.W., Jalgaon

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Mahendra Honsing Patil and Anr. v. the Collector through the Special Land Acquisition Officer, M.I.W., Jalgaon

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