Vakil Maheboob Shaikkh v. The State Of Maharashtra Through The S.L.A.O., Osmanabad And ORS
2024:BHC-AUG:29453 {1} drp
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO. 1646 OF 2024 IN FIRST APPEAL NO.1545 OF 2019 Sukumarbai Arjunrao Sonwane APPLICANT
VERSUS
The State of Maharashtra and Others RESPONDENTS AND CIVIL APPLICATION NO. 1649 OF 2024 IN FIRST APPEAL NO.1540 OF 2019 AND CIVIL APPLICATION NO. 1658 OF 2024 IN FIRST APPEAL NO.1539 OF 2019 AND CIVIL APPLICATION NO. 1659 OF 2024 IN FIRST APPEAL NO.1543 OF 2019 AND CIVIL APPLICATION NO. 1656 OF 2024 IN FIRST APPEAL NO.1550 OF 2019 AND CIVIL APPLICATION NO. 1652 OF 2024 IN FIRST APPEAL NO.1541 OF 2019 AND CIVIL APPLICATION NO. 1654 OF 2024 IN FIRST APPEAL NO.1546 OF 2019 AND CIVIL APPLICATION NO. 1648 OF 2024 IN FIRST APPEAL NO.1537 OF 2019 AND CIVIL APPLICATION NO. 1647 OF 2024 IN FIRST APPEAL NO.1548 OF 2019 AND
{2} CIVIL APPLICATION NO. 1651 OF 2024 IN FIRST APPEAL NO.1552 OF 2019 AND CIVIL APPLICATION NO. 1657 OF 2024 IN FIRST APPEAL NO.1551 OF 2019 AND CIVIL APPLICATION NO. 1655 OF 2024 IN FIRST APPEAL NO.1549 OF 2019 AND CIVIL APPLICATION NO. 2199 OF 2024 IN FIRST APPEAL NO.1547 OF 2019 AND CIVIL APPLICATION NO. 1653 OF 2024 IN FIRST APPEAL NO.1544 OF 2019 AND CIVIL APPLICATION NO. 1650 OF 2024 IN FIRST APPEAL NO.1538 OF 2019 .......
Mr. Laxmikant C. Patil, Advocate for the Applicants Mr. R. B. Dhaware, AGP for Rrespondent - State Mr. S. D. Shelke, Advocate for Respondent No.3 .......
[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 13 th DECEMBER, 2024 ORDER :
1.
Learned Advocate for the Applicants submits that Yesterday he has filed his Vakalatnama.
2.
These applications are filed by the Applicants - Claimants for withdrawal of the compensation amount deposited by the Acquiring Body.
{3} 3.
Learned Advocate for the Acquiring Body and learned AGP have strenuously opposed the Applications stating that exorbitant amounts are awarded by the Reference Court towards enhanced compensation. Hence, the Applicants may not be permitted to withdraw the amount.
4.
Considering the fact that the acquisition is of the year 2001 and the Award is passed in 2007, the Applicants - Claimants are entitled for withdrawal of the amount.
5.
In the result, the Applications are allowed. The Applicants are permitted to withdraw 75% of the amount of compensation along with proportionate interest accrued thereon, on furnishing usual undertaking to the satisfaction of the Registrar (Judicial) and remaining 25% along with proportionate interest accrued thereon, on furnishing solvent surety / security. [ NITIN B. SURYAWANSHI ] JUDGE drp/ca1646-24.doc