JYOTI SUBHASH BHANSALE Vs. COLLECTOR, COLLECTORATE OFFICE

JUDGEMENT

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

(2.) The challenge in the above Writ Petition is to the order dated 23/01/2012 passed by the learned District Judge16, Pune by which order the Application filed by the Petitioner herein being Misc. Application No.209 of 2011 came to be allowed. Resultantly, the Petitioner was allowed to withdraw the amount of Rs.9,50,000/ deposited by the Respondent No.3 in the Trial Court in Land Acquisition Reference No.152 of 2004, however, the same was made subject to the Petitioner furnishing solvent surety for the said amount. The direction for furnishing solvent surety is being taken exception to by the Petitioner in the above Petition.

(3.) The land of the Petitioner was acquired for widening of the road at Kasba Peth, Pune by following the gamut of the process as laid down in the Land Acquisition Act, 1894 (for short "the said Act). The Special Land Acquisition Officer declared the Award on 29/03/2004 and directed payment of compensation amounting to Rs.21,12,627/. The Respondent No.3 is the acquiring body. It seems that the Petitioner sought a reference, pursuant to which the matter was referred to the Reference Court under Section 18 of the said Act. The Reference Court passed its Award on 22/10/2007 whereby the market value of the acquired land was fixed at Rs.8,569/ per square meter and the value of the ground plus first floor structure was fided at Rs.1,75,000/ and that of the loft at Rs.52,800/.