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Bombay High CourtCAF/4684/2016

Shri. Kalyanrao Janardan Patil v. The State Of Maharashtra Through The Special Land Acquisition Officer No. 3, Solapur

2019-08-14Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

53 caf 4684-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4684 OF 2016 IN FIRST APPEAL NO. 460 OF 2010 Shri Kalyanrao Janardhan Patil ..Applicant In the matter between The State of Maharashtra through Spl. Land Acquisition Officer.

..Appellant v/s.

Shri Kalyanrao Janardhan Patil & Anr.

.Respondents Mr. Suhas Inamdar for the Applicants.

Mr.Y.Y.Dabke- AGP for the State.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 14th AUGUST, 2019.

P.C.

1.

By this application, the applicant-Original Claimants have sought withdrawal of the compensation awarded by the Reference Court, Solapur vide judgment and award dated 10th July, 2000 in Land Acquisition Reference No. 241 of 1987.

2.

By the impugned judgment and award, the Reference Court has enhanced the compensation to Rs.69494/- with interest @12% pps

53 caf 4684-16.doc per anum and other statutory benefits.

3.

The applicant has stated that he is a Senior Citizen, and that he does not keep good health. He has stated that he is coming from poor family and that he requires money to meet the day to day expenses.

4.

Considering the reasons stated in the application, as well as the grounds raised in the appeal memo, the application is permitted to withdraw50% of the amount deposited by the State, with appropriate interest accrued thereon. Suffice it to say that withdrawal of the amount shall be subject to the final outcome of the appeal. 5.

The applicants shall furnish an undertaking before the Reference Court that he will abide by the final orders that may be passed in this appeal.

6.

The balance amount be reinvested in the names of the respective applicants, in any nationalized bank after making the payment as stated above.

7.

Civil application stands disposed of.

Digitally signed by Prasanna P.

Salgaonkar Date:

2019.08.21 13:34:04 +0530 Prasanna P.

Salgaonkar (ANUJA PRABHUDESSAI, J.) pps