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18-4637-2022CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD

18 CIVIL APPLICATION NO.4637 OF 2022

IN X-OBJST/2633/2020

KAILASH DALSING BAINADE

VERSUS

THE EX. ENGINEER, MINOR IRRIGATION DIVISION NO.1,

AURANGABAD AND ORS.

Mr P.N. Sonpethkar, Advocate h/f Mr A.P. Sonpethkar, Advocate for

applicant

Mrs R.D. Reddy, Advocate for respondent No.1

Mr A.B. Chate, A.G.P. for respondents No.2 and 3

CORAM : SHRIKANT D. KULKARNI, J.

DATE : 25^th April, 2022

PER COURT :

1.

It is an application for withdrawal of compensation amount moved by

the applicant/original claimant.

2.

Heard Mr P.N. Sonpethkar, learned Advocate for applicant, Mrs R.D.

Reddy, learned Advocate for respondent No.1/acquiring body and Mr A.B.

Chate, learned A.G.P. for respondents no.2 and 3/State.

3.

The main controversy involved in the appeal is about awarding

compensation to the land as well as trees standing thereon. Mr Sonpethkar,

learned Advocate for applicant submits that compensation can be awarded

by taking into consideration the quality and fertility of the land as well as fruit

bearing trees standing thereon. Mrs Reddy, learned Advocate for

respondent no.1/acquiring body submits that this cannot be done. It would

result in awarding double compensation, which is not expected in view of

provisions of Land Acquisition Act, 1894. Mr Sonpethkar, learned Advocate

for applicant has placed his reliance in case of Ambya Kalya Mhatra (D)

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18-4637-2022CA

L.Rs. and Ors. V. State of Maharashtra., reported in AIR 2011 SC (Supp)

625. That contested issue would be decided at the time of final hearing of

appeal.

4.

Having considered the submissions of both the sides, the applicant

can be allowed to withdraw 50% amount of compensation with accrued

interest thereon in view of specific ground raised by the acquiring body of

awarding double compensation.

ORDER

(i)

The application is hereby allowed.

(ii)

The applicant/claimant is permitted to withdraw 50% amount of

compensation with accrued interest thereon on furnishing usual undertaking

to the satisfaction of Registrar (Judicial).

(iii)

The remaining amount of compensation shall be kept in Fixed Deposit

Account in any Nationalised Bank initially for a period of one year with

renewal clause.

(iv)

Civil Application is accordingly disposed of.

( SHRIKANT D. KULKARNI, J.)

vvr