Nagpur: More than a year after permitting withdrawal of ₹50 lakh as compensation for a purported red sandalwood tree, the Nagpur bench of Bombay high court on Friday asked the farmer’s family to explain when the amount would be returned after it emerged that the tree was not of the claimed species.A division bench comprising Justices Anil Kilor and Raj Wakode was hearing a petition linked to land acquisition for Wardha-Yavatmal-Nanded railway project. The land belonged to Keshav Tukaram Shinde from Yavatmal district, who sought compensation not only for the acquired land but also for a tree he claimed was a rare red sandalwood specimen, along with other trees.Relying on official records that identified the tree as sandalwood, the court earlier directed the railways to deposit ₹1 crore as interim compensation and allowed withdrawal of ₹50 lakh. The bench, however, made the disbursal subject to a scientific valuation of the tree.A subsequent assessment conducted by the forest dept concluded that the tree was not red sandalwood but belonged to the “Bijasal” species, significantly lower in value. Following this, the Central Railway sought recovery of the withdrawn amount through counsel Neerja Chaubey.With Shinde dying in the interim, the court impleaded his legal heirs — his wife, four sons and four daughters — and directed them to respond by Monday on the issue of repayment.During the hearing, the bench questioned the proportionality of the compensation. “For a tree worth around ₹10,000, how can ₹50 lakh be retained?” it observed, indicating that such retention would be unjustified if the original claim did not hold.The family’s counsel submitted that the amount could be settled after the conclusion of related land acquisition proceedings pending before a court in Pusad. The bench, however, said it would not be appropriate to retain such a substantial sum until then. At the same time, the court clarified that if the family establishes that the tree was indeed red sandalwood, they would be entitled to the compensation amount deposited in court along with interest.The matter is scheduled for further hearing on April 27.
