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2025 DAILYLAW 14527 (BOM)

PANDURANG YASHWANT BHOSLE v. THE STATE OF MAHARASHTRA, THROUGH COLLECTOR, JALGAON AND OTHERS

CA/4096/2025 · 2025-04-21

Shri Neeraj P Dhote

body2025

Judgment text

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1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CIVIL APPLICATION NO. 4125 OF 2025 IN FAST/22522/2020 Dnyaneshwar Himmat Ghate Versus The State Of Maharashtra Through Collector, Jalgaon And Others ….. AND CIVIL APPLICATION NO. 4076 OF 2025 IN FAST/22565/2020 Thagubai Narayan Nikalje Versus The State Of Maharashtra, Through Collector, Jalgaon And Others ….. AND CIVIL APPLICATION NO. 4124 OF 2025 IN FAST/22515/2020 Umesh Murlidhar Deshmukh Versus The State Of Maharashtra, Through Collector, Jalgaon And Others ….. Shri. Ajeet B. Kale, Advocate for the Applicants Shri. D. J. Patil, AGP for Respondent / State. Shri. Rahul A. Tambe, Advocate for Respondent No.2 ….. AND 36 CIVIL APPLICATION NO. 4077 OF 2025 IN FAST/22561/2020 Vitthalrao Yashwantrao Bhosle (died) Through Lrs And Others Versus The State Of Maharashtra, Through Collector, Jalgaon And Others ….. Shri. Ajeet B. Kale, Advocate for the Applicants Shri. R. B. Dhaware, AGP for Respondent / State. Shri. Rahul A. Tambe, Advocate for Respondent No.2 ….. AND 2025:BHC-AUG:11801 2 CIVIL APPLICATION NO. 4080 OF 2025 IN FAST/15214/2020 Prakash Vasudev Patil Versus The State Of Maharashtra, Through Collector, Jalgaon And Others ….. Shri. Ajeet B. Kale, Advocate for the Applicant Shri. Rajdeep D. Raut, AGP for Respondent / State. Shri. Rahul A. Tambe, Advocate for Respondent No.2 ….. AND 39 CIVIL APPLICATION NO. 4090 OF 2025 IN FAST/32963/2021 Anna Himmat Gaikwad Versus The State Of Maharashtra, Through Collector, Jalgaon And Others ….. AND CIVIL APPLICATION NO. 4091 OF 2025 IN FAST/32960/2021 Dhrupatabai Mohan Patil (died) Thr Lrs Gansing And Ors Versus The Collector, The The Special Land Acquisition Officer, M.i.w., Jalgaon ….. Shri. Ajeet B. Kale, Advocate for the Applicants Shri. R. B. DHaware, AGP for Respondent / State. Shri. Rahul A. Tambe, Advocate for Respondent No.2 ….. AND 40 CIVIL APPLICATION NO. 4093 OF 2025 IN FAST/22514/2020 Rajendra Kailas Patil Versus The State Of Maharashtra, Through Collector, Jalgaon And Others ….. WITH CIVIL APPLICATION NO. 4094 OF 2025 IN FAST/22545/2020 Tukaram Vitthal Wagh (died) Thr Lrs Rajendra And Ors 3 Versus The State Of Maharashtra, Through Collector, Jalgaon And Others ….. Shri. Ajeet B. Kale, Advocate for the Applicants Shri. Rajdeep D. Raut, AGP for Respondent Nos.1 and 2 / State. Shri. Rahul A. Tambe, Advocate for Respondent No.3 ….. AND 41 CIVIL APPLICATION NO. 4096 OF 2025 IN FAST/22558/2020 Pandurang Yashwant Bhosle Versus The State Of Maharashtra, Through Collector, Jalgaon And Others ….. Shri. Ajeet B. Kale, Advocate for the Applicant Shri. D. J. Patil, AGP for Respondent Nos.1 and 2 / State. Shri. Rahul A. Tambe, Advocate for Respondent No.3 ….. AND 43 CIVIL APPLICATION NO. 4103 OF 2025 IN FAST/22528/2020 Saroj Sudam Patil Versus The State Of Maharashtra, Through Collector, Jalgaon ….. AND CIVIL APPLICATION NO. 4104 OF 2025 IN FAST/22538/2020 Sumanbai Rajaram Bhosle Versus The State Of Maharashtra, Through Collector, Jalgaon And Others ….. Shri. Ajeet B. Kale, Advocate for the Applicants Shri. Rajdeep D. Raut, AGP for Respondent Nos.1 and 2 / State. Shri. Rahul A. Tambe, Advocate for Respondent No.3 ….. AND 44 CIVIL APPLICATION NO. 4105 OF 2025 IN FAST/22503/2020 4 Shobhabai Baliram Nikam (died) Thr Lrs Piran And Ors Versus The Ex. Engineer, M.i.w. Jalgaon And Ors ….. AND CIVIL APPLICATION NO. 4106 OF 2025 IN FAST/22508/2020 Keval Dharma Patil Versus The Ex. Engineer, M.I.W. Jalgaon And Ors ….. Shri. Ajeet B. Kale, Advocate for the Applicants Shri. D. J. Patil, AGP for Respondent Nos.1 and 2 / State. Shri. Rahul A. Tambe, Advocate for Respondent No.3 ….. CORAM : NEERAJ P. DHOTE, J. Dated : APRIL 21, 2025 PER COURT :- . These are the Applications by the Original Claimants for withdrawal of the entire amount deposited by the Acquiring Body with this Court. 2. The learned Advocate for the Applicants submits that the enhancement made by the learned Reference Court is just five (5) times the compensation awarded by the Spl. Land Acquisition Officer. He submits that the Applicants have not received a single pai till date. He submits that recently the Acquiring Body has deposited the amount under the Award and therefore, the Application be allowed. 3. The Applications are opposed by the learned Advocate for the Acquiring Body. He submits that, though the enhancement is five (5) 5 times, the interest is granted from Section-4 Notification which ought to have been from the date of Award by the SLAO. Hence, he submits that the Applications be rejected. 4. The learned AGP for the State submits that appropriate orders be passed. 5. Considering the above submissions, the Applicants are permitted to withdraw 75% of the amount deposited by the Acquiring Body, 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. Applications stand disposed off accordingly. ( NEERAJ P. DHOTE, J. ) GGP Signed by: Gajanan G. Punde Designation: PA To Honourable Judge Date: 24/04/2025 17:08:08