Chandar Maruti Pitale And ANR v. The State Of Maharashtra And ANR

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 284 OF 2017 FIRST APPEAL NO. 2508 OF 2016 Chandar Maruti Pitale CIVIL APPLICATION NO. 3359 OF 2017 FIRST APPEAL NO. 2517 OF 2016 Bhau Venkoba Ghodake CIVIL APPLICATION NO. 278 OF 2017 FIRST APPEAL NO. 2518 OF 2016

{2} Jankabai Gopinath Gautam deceased through LRs CIVIL APPLICATION NO. 280 OF 2017 FIRST APPEAL NO. 2512 OF 2016 Kondiba Nama Gautam CIVIL APPLICATION NO. 279 OF 2017 FIRST APPEAL NO. 2511 OF 2016 Vithoba Ramji Pitale

{3} CIVIL APPLICATION NO. 283 OF 2017 FIRST APPEAL NO. 2509 OF 2016 Narhar Kishanrao Kulkarni Applicant Mr. A.S. Deshpande, advocate for the applicant. CIVIL APPLICATION NO. 282 OF 2017 FIRST APPEAL NO. 2515 OF 2016 Bhima Hanmant Hadgile

{4} CIVIL APPLICATION NO.2275 OF 2017 FIRST APPEAL NO. 2510 OF 2016 Madhav Keshavrao Kulkarni CORAM : R.M.BORDE & P. R. BORA, JJ.

DATE : 24th MARCH, 2017 PER COURT:

1.

Heard.

2.

Leave to amend title clause of Civil Application No. 282 of 2017.

3.

These are the applications tendered by the claimants for withdrawal of the amount deposited by the acquiring body. In view of the order in companion matter which has been dealt with by this Court, the instant applications also can be disposed of in the same terms.

{5} 4.

In the present matter, the Reference Court has awarded compensation at the rate of Rs. 14/- per sq. ft. In Civil Application No. 9552/2014 (in First Appeal St. No. 5832/2014), wherein the amount of compensation was awarded at the rate of Rs. 12/- per sq. ft., this Court permitted the applicants therein to withdraw the 75% amount out of the total amount deposited. 5.

Considering the order passed in above referred matter, we pass following order :

i.

The applicants shall be permitted to withdraw 25% of the amount out of the total amount deposited on furnishing personal undertaking to this Court that in the event of success of appeal, they will refund the amount within a period of one month from the date of issuance of such order.

ii.

The applicants are permitted to withdraw 50% amount out of the total amount deposited on furnishing bank guarantee.

iii.

Balance 25% amount out of the total amount deposited by th acquiring body in this Court, shall be invested in fixed deposit initially for a period of three years and the fixed deposit receipts be renewed thereafter until disposal of appeals.

{6} 6.

Civil applications stand disposed of accordingly. ( P. R. BORA ) ( R.M.BORDE ) JUDGE JUDGE dyb