Prakash Fakirappa Talwar (Died) Thr Lrs Suman And ANR v. The State Of Maharashtra Through Collector, Osmanabad And ORS

2025:BHC-AUG:804 933 CA 255-2025

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 933 CIVIL APPLICATION NO. 255 OF 2025 IN FIRST APPEAL NO. 2392 OF 2021 PRAKASH FAKIRAPPA TALWAR (DIED) THROUGH L.RS. SUMAN AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR OSMANABAD AND OTHERS ...

Ms. Pooja K. Apache h/f. Mr. S.N. Patne - Advocate for Applicants Mr. Rajdeep D. Raut - AGP for Respondent Nos.1 and 2, State Mr. S.A. Mulla h/f. Mr. R.K.Ingole - Advocate for Respondent No.3 ....

CORAM : SANJAY A. DESHMUKH, J.

DATE : 10th JANUARY, 2025 PER COURT :

1.

Heard rival submission.

2.

The applicants in this application are seeking withdrawal of the entire amount of compensation, which has been deposited by the acquiring body alongwith the interest accrued thereon. It appears that, the acquiring body has deposited only 80% of the total compensation amount alongwith the proportionate interest. 3.

This Court vide order dated 27.06.2023 has already permitted the applicants in other connected matters to withdraw 75% of the Pooja Kale 1/2

933 CA 255-2025 total compensation amount.

4.

In view of the same, the applicants herein are permitted to withdraw 75% of the total compensation amount alongwith the proportionate interest accrued thereon till date on usual undertaking to the satisfaction of the Registrar (Judicial) of this Court. 5.

The remaining 5% amount from the total compensation amount alongwith proportionate interest thereon be kept in F.D.R. in any nationalized Bank on yearly renewal basis till final disposal of this appeal.

6.

The civil application is accordingly disposed of. [ SANJAY A. DESHMUKH ] JUDGE Pooja Kale 2/2