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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
ARUN R.PEDNEKER
Sindubai alias Kalabai Rambhau Kapse – Appellant
Versus
Raosaheb Baburao Dahatonde, (Died) Through L.Rs. – Respondent
JUDGMENT :
1] By the present Writ Petition, the petitioners are challenging the impugned order dated 02.02.2021 to the extent of clause (4) of the operative order passed by the Appellate Court, District Judge-1, Beed in Misc. Civil Appeal No.31/2020 thereby rejecting the application for temporary injunction restraining the respondents – defendant nos. 1 to 3 from withdrawing the compensation amount vide award passed in LAR No.335/2012 and thus maintaining the order passed below Exh.5 by the Civil Judge Senior Division, Beed dated 02.07.2020 to the above extent. The effect of order dated 02.02.2021 of the Appellate Court is that the application for the injunction filed by the petitioners – plaintiff is allowed to the extent of granting temporary injunction restraining defendants from alienating the suit property. However, the Appellate Court has not interfered in the order of the trial Court to the extent of permitting defendant nos. 1 to 3 from withdrawing compensation amount vide award passed in LAR No.335/2012.
Brief facts leading to filing the present writ petition can be summarized as under :
2] The facts emerging from the pleadings of the parties are that one Mr.Baburao Kanhu Da
The court affirmed that plaintiffs not included in original acquisition proceedings can claim their share of compensation through independent civil suits despite the Land Acquisition Act's provisions....
when there is a dispute between rival claimants, though not they appeared before the Acquisition Officer, still, they can claim compensation awarded under the Award.
The Civil Court has jurisdiction to adjudicate compensation claims under the Land Acquisition Act when proper notice is not served to rightful claimants.
Compensation rights in land acquisition are determined by the nature of ownership and legal claims, emphasizing the need for proper apportionment according to respective interests.
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