Chandrakant Eknath Kulkarni Died Thr Lrs Uttam Died Thr Lrs Sunanda C. Kulkarni And ORS v. M.I.D.C. Thr Regional Officer, Latur

1 929CA1230.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 929 CIVIL APPLICATION NO. 1230 OF 2025 IN FA/2189/2016 Chandrakant Eknath Kulkarni Died Thr Lrs Uttam Died Thr Lrs Sunanda C. Kulkarni And Ors

VERSUS

M.i.d.c. Thr Regional Officer, Latur ...

Mr. G. R. Syed - Advocate for Applicant Mr. S. D. Ghayal - AGP for Respondent/State Mr. G. S. Khaire h/f Mr. S. S. Dande - Advocate for Respondent No. 1 ...

WITH X-OBJECTION NO. 38 OF 2025 IN FA/2189/2016 ...

CORAM : R. G. AVACHAT AND NEERAJ P. DHOTE, JJ.

DATED : 31ST JANUARY, 2025 PER COURT : - 1.

This is an Application with the following prayers : - A] This Civil Application may kindly be allowed. B] The office may kindly be directed to pay the amount of accrued interest to the Applicant no. 1-D Aditya Uttamrao Nandgaonkar.

C] Any other suitable and equitable relief in favour of Petitioner may kindly be granted."

2.

Heard both the sides.

3.

Learned Advocate for the Applicants invites our attention to the Relinquishment Deed executed in favour of the Applicant No. 1-D by

2 929CA1230.2025.odt his mother mother, paternal aunt and sisters in respect of the acquired land. Copy of the Relinquishment Deed is enclosed with this Application. The said aspect is not in dispute. It is also not in dispute that this Court by order dated 13th December, 2024 passed in Civil Application No. 12931 of 2024 in First Appeal No. 2189 of 2016, granted the similar prayers. The Advocate for the Acquiring Body has no objection if the Application is allowed in terms of the said order. 4.

In view of the above, the present application is allowed in terms of the order dated 13th December, 2024 passed in Civil Application No.12931 of 2024 in First Appeal No. 2189 of 2016, the operative part of which reads thus :- "ORDER (i) The application is allowed.

(ii) The period for amount of interest shall be calculated from the date of deposit of the amount to the date of withdrawal of the said amount. The applicant is allowed to withdraw the said interest amount, out of which 50% on undertaking and 50% on furnishing solvent security/surety/bank guaranty to the satisfaction of the Registrar (Judicial) of this Court."

5.

The Civil Application stands disposed of.

[NEERAJ P. DHOTE] [R. G. AVACHAT] JUDGE JUDGE Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 01/02/2025 16:47:54 SG Punde