SANJAY Vs. STATE OF MAHARASHTRA AND ANR

JUDGEMENT

(1.) The applicant is seeking anticipatory bail in connection with crime No. 78 of 2020 registered with Majalgaon city police station, District Beed for the offences punishable under Sections 420 , 417 , 403 , 177 , 199 of I.P.C. His application bearing Criminal Misc. Application No. 86 of 2020 similar prayer came to be rejected by the learned Additional Sessions Judge, Majalgaon vide order dated 17.4.2020.

(2.) It appears that this matter pertains to the compensation awarded under the provisions of National Highways Act , 1956. As per the allegations made in the complaint, certain excess payment has been made to the applicant and since the applicant is not ready to deposit the said amount with the authorities, the complaint came to be lodged against him.

(3.) Learned senior counsel for the applicant submits that the applicant is owner in possession of land Gat Nos. 228 and 229 situated at Majalgaon. Both the properties are self acquired properties of the applicant. In order to widen the National Highway No.222, the Government has issued notification for acquisition of the land and in terms of the said notification, a portion of 27 R out of Gat Nos. 228 and 229 came to be acquired. Learned senior counsel submits that the process of finalization of the award was completed and accordingly the total compensation has been paid to the applicant on 23.4.2018. Thereafter on 19.6.2018 after passing of award and after final payment was made to the applicant, one Satyaprakash Satyaprem Rudrawar has raised an objection that out of the acquired land he is owner in possession of the area to the extent of 605.5 sq. meters and as such, he is entitled for amount to the extent of Rs.77,10,253.00 alongwith interest. Accordingly, the competent authority has directed the applicant to deposit the said amount paid in excess, however, as per the allegations made in the complaint, even after issuing notices and reminders, the applicant has failed to repay the amount to the authority.