EXECUTIVE ENGINEER Vs. LAXMIKANT VITTHAL MAHAJAN

JUDGEMENT

(1.) These are the applications in some of the First Appeals preferred by the Acquiring Body wherein the original claimants have been allowed to withdraw 75% of the amount of compensation, deposited by it in this Court while preferring the appeals, by the order dated 12.04.2019. Now the Acquiring Body has preferred applications in six of these matters seeking recalling of the orders dated 12.04.2019 passed in Civil Application No. 4293/2019 and connected matters.

(2.) The reason given in these applications and as is submitted by the learned Advocate is that in an earlier land reference arising from the same notification, First Appeal No. 2536/2015 was preferred by the claimants. It was allowed by this Court. In the references in the present matters, valuation of the trees was fixed by relying upon the judgment of this Court in First Appeal No. 2536/2015. The Acquiring Body had challenged the decision of this Court in First Appeal No. 2536/2015 before the Supreme Court in Civil Appeal No. 5125 of 2019 [arising out of SLP (Civil) No. 11433/2019]. The Supreme Court, by its judgment dated 01.07.2019, has quashed and set aside the judgment of the High Court in that First Appeal and remanded it to this Court for decision afresh. Thus, according to the learned Advocate for the Acquiring Body, the very basis for the Reference Court to fix valuation of the trees in view of the judgment in First Appeal No. 2536/2015 having been set at naught, the claimants cannot be allowed to withdraw the amount of compensation deposited in this Court and therefore, the orders passed by this Court on 12.04.2019 be recalled.

(3.) The learned Advocate for the Acquiring Body further submits that even the applications by the other claimants in various other sister matters seeking withdrawal of money may not be allowed in view of such changed circumstances.