RUPCHAND RAGHO SAPKALE Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the learned Assistant Government Pleader, for the respondents.

(2.) RULE.

(3.) THE land of the petitioner came to be acquired under the provisions of the Land Acquisition Act, 1894 by the respondents. The award was passed by the Special Land Acquisition Officer. Dissatisfied with the compensation granted by the Land Acquisition Officer, the petitioner filed Land Acquisition Reference No.1433 of 2005 under Section 18 of the Land Acquisition Act before the Civil Court Senior Division at Jalgaon and the Reference Court allowed the Reference Petition by judgment and Award dated 15th April 2005. Thereafter, the petitioner filed execution proceedings being Regular Darkhast No.199/2005 for recovery of the amount awarded by the Reference Court. In the execution proceedings the State has deposited the amount of compensation. The petitioner filed application and requested the Executing Court to permit him to withdraw the amount so deposited. The petitioner was permitted to withdraw the amount of Rs.5,12,754/- on condition that he shall furnish bank guarantee for the said amount. The petitioner, in compliance of the order passed by the Executing Court, furnished bank guarantee on 22-6-2006.