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Bombay High CourtCA/2609/2020disposed off

Vishnudas Udhav Mundhe v. The State Of Maharashtra And ORS

2020-10-23Hon'Ble Shri Justice V.K. Jadhav3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 7 CIVIL APPLICATION NO. 2582 OF 2020 IN FAST/9892/2017 MAHANANDA W/O BALAJI DEVADE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS WITH CA/6577/2020 WITH CA/2579/2020 WITH CA/2580/2020 WITH CA/2615/2020 WITH CA/2616/2020 WITH CA/6583/2020 WITH CA/2610/2020 WITH CA/2588/2020 WITH CA/2581/2020 WITH CA/2585/2020 WITH CA/2589/2020 WITH CA/2592/2020 WITH CA/2584/2020 WITH CA/2611/2020 WITH CA/2583/2020 WITH CA/2614/2020 WITH CA/2586/2020 WITH CA/2608/2020 WITH CA/2613/2020 WITH CA/6586/2020 WITH CA/6588/2020 WITH CA/2606/2020 WITH CA/2590/2020 WITH CA/2591/2020 WITH CA/2593/2020 WITH CA/6578/2020 WITH CA/6580/2020 WITH CA/2595/2020 WITH CA/2577/2020 WITH CA/6589/2020 WITH CA/2587/2020 WITH CA/2607/2020 WITH CA/2617/2020 WITH CA/2609/2020 ......

Advocate for Applicants : Mr. Gunale V. D.

AGP for Respondent Nos. 1 & 2-State : Mr. P. G. Borade Advocate for Respondent No.3 : Mrs. Dipali S. Ansingkar (Jape) .....

CORAM : V. K. JADHAV, J.

DATED : 23TH OCTOBER, 2020

PER COURT :- 1.

Heard both sides.

2.

It appears that the Special Land Acquisition Officer has granted compensation at the rate of Rs.1,50,000/- per hectare and the reference court has enhanced the amount of compensation at the rate of Rs.3,50,000/- per hectare for irrigated land. Learned counsel for the applicants/original claimants submits that the applicants are also going to prefer appeals for enhancement of compensation. However, considering the enhancement as awarded by the reference court, I am inclined to permit the applicants to withdraw the amount to the extent of 75% out of the compensation amount deposited before this Court on certain conditions. Hence, the following order :

ORDER

I.

All the Civil Applications are hereby partly allowed. II.

Out of the compensation amount deposited before this Court, the applicants/original claimants are allowed to withdraw 50% amount on furnishing undertaking to the

satisfaction of the Registrar (Judicial) of this Court and further 25% amount on furnishing bank guarantee of any scheduled bank to the satisfaction of the Registrar (Judicial) of this Court.

III. All the Civil Applications are accordingly disposed off. ( V. K. JADHAV, J. ) ...