KADU JANGALU BORSE DIED THR LRS. v. THE EXECUTIVE ENGINEER WAGHUR PROJECT JALGAON

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.13068./2024 (@Petition for Special Leave to Appeal (C) No.9754/2023)

KADU JANGALU BORSE DIED THR LRS. & ORS. Appellant(s)

THE EXECUTIVE ENGINEER WAGHUR PROJECT JALGAON & ORS. Respondent(s)

1. Leave granted.

2. The short issue that falls for consideration is whether the

High Court was justified in permitting the release of only 40% of

the deposited amount, which was 75% of the total land acquisition

compensation.

3. The appellants are co-owners of Gut No.57, admeasuring 2

Hectares 17 R, situated at village Chinchkhede, Tq,. Jamner, Distt.

Jalgaon.

4. The subject land has been acquired for the execution of the

Waghur Project, Jalgaon.

5. The award was passed on 15.06.2002, granting compensation of

Rs.96,000/- per hectare.

6. On reference by the appellants and other owners, the Reference

Court enhanced the compensation to Rs.6,00,000/- per hectare.

7. The above-stated enhancement is under challenge before the

High Court at the instance of the beneficiary of the

acquisition/State Authority.

8. It seems that the High Court granted a stay on the Award dated

15.06.2019 passed by the Reference Court, subject to deposit of the

entire decretal amount before the Court. However, Respondent No.1 –

beneficiary of the acquisition - is stated to have deposited only