PANDHARI GANGARAM PATIL Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of learned counsel for die parties, taken up for final hearing at the admission stage.

(2.) By the present petition filed by the petitioners, under Article 227 of the Constitution of India, the petitioners have prayed that the order dated 4-5-2009, passed by learned Jt. Civil Judge, Senior Division, Jalgaon, asking for the Bank Guarantee in Regular Darkhast No. 204/2009 be quashed and set aside and also prayed that the Bank guarantee furnished by the petitioners in Regular Darkhast No. 204/2009 in the Court of Jt. Civil Judge, Senior Division, Jalgaon in pursuance of the aforesaid order dated 4-5-2009 be revoked and cancelled.

(3.) The petitioners claim to be the owners and possessors of the land situated at village Shingayat, Taluka Jamner, District Jalgaon, which was acquired by the respondents for the purpose of Waghur Project. Accordingly, the notice under section 4 was published on 2-7-1997 and Special Land Acquisition Officer passed an award on 18-8-2000. Since the amount awarded by Special Land Acquisition Officer was not proper and since it was inadequate, the petitioners accepted the same under protest and further preferred Reference under section 18 of the Land Acquisition Act, which was registered as Land Acquisition Reference No. 1972/2005. Accordingly, the Reference Court allowed the reference vide judgment and award dated 30-11-2007 and awarded enhancement of amount to the claimants along with interest @ 9% p.a. for the first year from the date of taking possession and interest @ 15% p.a. thereafter till the realisation of the said amount.