GURULING NIVRUTTI RODGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicants - claimants i.e. respondents in respective appeals have moved these applications seeking withdrawal of amount deposited by the appellants - acquiring body.

(2.) In brief, it is the contention of learned counsel for the applicants that the lands belonging to the applicants - claimants were acquired way back in the year 2004 for the purpose of storage tank. The SLAO has awarded the compensation in the range of Rs.330/- to Rs.530/- per Aare. Being aggrieved, the applicants - claimants made reference for enhancement. The Reference Court has enhanced the compensation in the range of Rs.3300/- to Rs.3600/- per Aare. It is submitted that there is no merit in the appeals preferred by the appellants. The Reference Court has considered the award passed in L.A.R.No.562/2008 arising out of acquisition of similar land for enhancement of compensation. The applicants are deprived of the compensation for the last 15 years. The applicants are agriculturists by profession and they have no other alternative source of income for their survival. The amount is required to meet their urgent needs. It will take long time to hear the appeals.

(3.) On the other hand, learned counsel for the appellants - acquiring body opposed the applications with contention that the enhancement of compensation by the Reference Court is without any supporting evidence adduced on the part of applicants - claimants, except production of copy of judgment and order passed in L.A.R. No.562/2008). The enhancement of compensation is about 10 times more than the amount awarded by the SLAO. It is submitted that the appellants have good case on merits to succeed in appeals. If the applicants are allowed to withdraw the amount deposited in terms of awards passed by the Reference Court, then there is every likelihood that the amount may not be recovered in the event the appeals are allowed and the awards passed by the Reference Court are set aside or modifed.