Bombay High Court
Vice Chancellor Solapur University, ... vs Shankar Tharu Rathod (Deceased) Thr. ... on 30 March, 2022
Author: Bharati Dangre
Bench: Bharati Dangre
Digitally signed by
JAYARAJAN JAYARAJAN
ANJAKULATH ANJAKULATH NAIR
NAIR Date: 2022.04.01
10:41:14 +0530
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL (ST) NO.18038 OF 2021
WITH
INTERIM APPLICATION NO.3141 OF 2021
Vice Chancellor Solapur University, ] ... Appellant/
Solapur ] Applicant
Vs.
Shankar Tharu Rathod (Deceased) ]
through his LRs Ramesh Shankar ]
Rathod & Ors. ] ... Respondents
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...
Mr. Pramod Joshi for the appellant in all appeals.
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Mr. Tejas D. Deshmukh with Mr. Sagar Kursija, Mr. H.D. Chavan
and Mr. Ritesh Kulkarni for the respondent.
Ms. Tanya Goswami, A.G.P. for the State.
...
CORAM : SMT. BHARATI DANGRE, J.
DATED : 30TH MARCH, 2022. P.C. :-
1. The learned A.G.P. has placed on record, a communication received by her from the Section Officer of the Higher & Technical Education Department, dated 30/03/2022, expressing the inability to arrange for the amount of compensation since the amount is huge. It is also tried to be suggested that for the year 2022-23, a financial provision of Rs.22.54 lakhs is made for the University. The communication further narrates the difficulty to the effect that the provision will have to be made in the budget session or a special proposal would be required to be forwarded to the Finance Department from the contingency fund. The letter is taken on record and marked 'X' for identification.
2. If the State has acquired the lands of the farmers, it need not be told to pay the compensation in due course of time. The first appeal is filed by the University, for whose benefit the land was acquired, and when it was asked to pay 50% of the amount, the financial difficulty is posed. In any case, the State should know AJN 7/7 50 FA(st)-18038.21 GROUP.odt that when they acquire the lands of the respondents and permitted the University to construct it's new building, the compensation will have to be paid to the respondents.
3. The State is only to be reminded that it functions as a State of Maharashtra irrespective of whichever Department is involved and, merely projecting the Finance Department was to be approached, it cannot function at the sweet choice of the Finance Department. Such stand of the State is deprecated.
4. In the peculiar facts, let the learned A.G.P. contact the learned Advocate General so that he will be in a position to give an effective solution.
5. Re-notify on 07/04/2022.
6. The interim order granted earlier, to continue till then.
[SMT. BHARATI DANGRE, J.] AJN