Shri. Sakharam Posha Bhoir Deceased Thr. Legal Heirs Shri. Kishor Sakharam Bhoir And ORS. v. The State Of Maharashtra (Through The Special Land Acquisition Officer)

5-i- caf 2338-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2338 OF 2019 IN FIRST APPEAL NO. 1012 OF 2016 Shri Sakharam Posha Bhoir (since deceased) through Legal heirs Kishor S. Bhoir & Ors.

..Applicants v/s.

The State of Maharashtra (through the Special Land Acquisition Officer) Uran.

..Respondents Ms. Ashwini Jadhav I/b. Mr. Sanjay Ghaisas for the ApplicantsOriginal Claimants. Ms. Anamika Malhotra AGP for the Respondent-State. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 5th AUGUST, 2019.

P.C.

1.

The applicants herein who are the original claimants in Land Acquisition Reference No. 741 of 2000 have filed this application for withdrawal of the amount deposited by the Appellant-State in compliance of the Judgment and Award dated 4th February, 2015, passed by the learned Civil Judge, Senior Division, Alibag, Raigad, 2.

The learned AGP has given no objection to disburse 50% of the pps

5-i- caf 2338-19.doc amount deposited by the State. In the light of the said statement, and in view of the reasons stated in the application, the application is partly allowed.

3.

50% of the amount deposited by the State, pursuant to the Judgment and Award dated 4th February, 2015 in LAR No. 741 of 2000 be disbursed to applicants. Suffice it to say that the disbursement of the compensation is subject to the final outcome of the appeal.

4.

The applicants shall give an undertaking that they shall return the amount with the proportionate interest in the event the appellants succeed in the appeal.

(ANUJA PRABHUDESSAI, J.) pps