MOHMMAD SHABIR SHAIKH AJIJ Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule with the consent of the parties made returnable forthwith and heard.

(2.) The above petition filed under Articles 226 and 227 of the Constitution of India takes exception to the order dated 16/06/2010 passed by the Executing Court i.e. the learned Civil Judge, Senior Division, Pusad, by which order the application at Exhibit 1 in M.J.C. No.62/2009 filed by the petitioners herein was partly allowed and out of the total amount of Rs.9,15,393/ , which is kept in FDR bearing No.SD/A 29 275192 in the State Bank of India Pusad Branch. The petitioners were held to be entitled to only an amount of Rs.2,82,794/ and the remaining amount of Rs.6,32,599/ was directed to be refunded to the State. The said M.J.C. proceedings being No.62/2009 has been filed for execution of the Award passed by this Court in First Appeal No.89/1995 decided on 3 rd April, 2009. The Reference Court had granted compensation to the petitioner at the rate of Rs.3,50,000/ per hectare for the agricultural land. In terms of the Award of the Reference Court, the Special Land Acquisition Officer had deposited the total amount of Rs.18,30,786/ on 09/10/1995 in this Court at the time of the admission of the First Appeal. By an order passed on 25/01/1996, 50% of the said amount was directed to be paid to the petitioners and the remaining amount of Rs.9,15,393/ was directed to be kept in FDR with the State Bank of India Pusad Branch, the said FDR was renewed from time to time and presently it bears the new No.SA A 49 221102. In First Appeal No.89/1995 filed by the State the compensation which was awarded by the Reference Court at the rate of Rs.3,50,000/ per hectare was brought down to Rs.2,40,000/ per hectare on the basis of which the petitioners had sought to withdraw the amount, which was due to them as per the judgment and order of this Court. The petitioners had accordingly filed the application Exhibit 1 for withdrawal of the amount as per the petitioners entitlement.

(3.) In the said application Exhibit 1 the State filed its reply wherein it was stated that an amount of Rs.6,32,599/ with interest accrued thereon is required to be refunded to the State and the remaining amount of Rs.2,83,794/ along with the interest accrued thereon was required to be paid to the petitioners. The Executing Court accepted the said contention of the State and has passed an order on 16/06/2010, which is the subject matter of the present petition.