Babu Suleman Sayyed Died Thr His Lrs Maidabee Babu Sayyed And ORS v. The State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 530 OF 2017 IN FIRST APPEAL NO. 2514 OF 2016 Babu Suleman Sayyed Deceased through LRs Applicants

Versus

The State of Maharashtra & another Respondents Mr. A.S. Deshpande, advocate for the applicants. Mr. A.R. Borulkar, AGP for Respondent no. 1.

Mr. S.S. Dande, advocate for respondent no. 2. WITH CIVIL APPLICATION NO.527 OF 2017 IN FIRST APPEAL NO. 2516 OF 2016 Vitthal Mahada Walse Deceased through LRs Applicants

Versus

The State of Maharashtra & another Respondents Mr. A.S. Deshpande, advocate for the applicants. Mr. A.R. Borulkar, AGP for Respondent no. 1.

Mr. S.S. Dande, advocate for respondent no. 2. WITH CIVIL APPLICATION NO. 532 OF 2017 IN FIRST APPEAL NO. 2513 OF 2016

{2} Bhaguram Rama Chame Applicant

Versus

The State of Maharashtra & another Respondents Mr. A.S. Deshpande, advocate for the applicant. Mr. A.R. Borulkar, AGP for Respondent no. 1.

Mr. S.S. Dande, advocate for respondent no. 2. CORAM : R.M.BORDE & P. R. BORA, JJ.

DATE : 24th MARCH, 2017 PER COURT:

1.

Heard.

2.

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.

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 :

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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.

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