Surya Kirti Enterprises Thr Mehesh Shantilal Mehta v. Chief Engineer Development Planning Brihanmumbai Municipal Corporation

by HEMANT CHANDERSEN SHIV Date:

2021.12.15 14:58:12 +0530 HEMANT CHANDERSEN SHIV hcs

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1986 OF 2021 IN FIRST APPEAL NO. 92 OF 2021 Surya Kirti Enterprises Through Shri Mahesh Shantilal Mehta ...Applicant In the matter between Chief Engineer Development Planning

...Petitioner

Versus

Surya Kirti Enterprises & Anr ... Respondent Mr Kirit Hakani, with Niyati Hakani for the Applicants. Mr A R Patil, AGP, for the Respondent/State.

Mr S K Mishra, Senior Counsel with Om Suryavanshi, Shilpa Redkar for the MCGM.

CORAM

G.S. Patel & Madhav J. Jamdar, JJ.

DATED:

PC:- 1.

The Application is for withdrawal of the entire amount of Rs. 8,25,11,923/- deposited by the Appellant in the First Appeal. The amount deposited includes significantly enhanced compensation and interest.

2.

Mr Hakani for the Applicants (Respondent No 1 to the First Appeal) draws our attention to various decisions of the Supreme Court and of this Court including, importantly, Baburao Govindrao Gaikwad & Anr v State of Maharashtra & Ors1 and associated matters. There is also the matter of MCGM v Srinivas & Sons2 (order dated 9th April 2021) and finally the order of the Supreme Court in Gundu v the State of Maharashtra3 decided on 12th July 2021. 3.

The common thread in all these matters is that the original claimant to compensation should be permitted to withdraw 50% of the enhanced amount deposited without security and the balance 50% on furnishing security.

4.

Mr Hakani's application is limited today. On instructions, he only seeks leave to withdraw 50% of the amount deposited without furnishing security. In view of decision of the Supreme Court, the request is reasonable and is accepted. Liberty to the Applicants to apply afresh for a further withdrawal against security, if so advised. 5.

The Registrar General is requested to process the Application within one week of it being presented and on production of an authenticated copy of this order. It goes without saying that the withdrawal will be permitted only by an online transfer and to a bank account, the details of which will be furnished by Mr Hakani to the Registrar General.

(2017) 11 SCC 333.

First Appeal (St) No. 5639 of 2020.

Civil Appeal No. (S) 2481 of 2021.

6.

Interim Application is disposed of.

7.

of this order.

(Madhav J. Jamdar, J) (G. S. Patel, J)