Babu Gangadhar Kate v. The State Of Maharashtra And ORS
1 906-CA-2729-2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 906 CIVIL APPLICATION NO.2729 OF 2022 IN FAST/30253/2019 GANESH UDDHAV THAGNAR
VERSUS
THE STATE OF MAHARASHTRA AND ORS Advocate for Applicants : Mr P.C. Mayure Advocate for Respondent/State : Mr S.N. Morampalle WITH 906 CIVIL APPLICATION NO.2722 OF 2022 IN FAST/30246/2019 BABU GANGADHAR KATE
VERSUS
THE STATE OF MAHARASHTRA AND ORS Advocate for Applicants : Mr P.C. Mayure Advocate for Respondent/State : Mr S.N. Morampalle WITH 906 CIVIL APPLICATION NO.2716 OF 2022 IN FAST/30059/2019 DINESH UDDHAV THAGNAR
VERSUS
THE STATE OF MAHARASHTRA AND ORS Advocate for Applicants : Mr P.C. Mayure Advocate for Respondent/State : Mr S.N. Morampalle WITH 906 CIVIL APPLICATION NO.2719 OF 2022 IN FAST/30256/2019
2 906-CA-2729-2022 SHYAMSUNDAR DIGAMBAR AGLAVE
VERSUS
THE STATE OF MAHARASHTRA AND ORS Advocate for Applicants : Mr P.C. Mayure Advocate for Respondent/State : Mr S.N. Morampalle WITH 906 CIVIL APPLICATION NO.2724 OF 2022 IN FAST/30236/2019 NARAYAN GANGADHAR KATE
VERSUS
THE STATE OF MAHARASHTRA AND ORS Advocate for Applicants : Mr P.C. Mayure Advocate for Respondent/State : Mr S.N. Morampalle WITH 906 CIVIL APPLICATION NO.2726 OF 2022 IN FAST/30250/2019 PATLOBA PANDURANG JAYBHAYE
VERSUS
THE STATE OF MAHARASHTRA AND ORS Advocate for Applicants : Mr P.C. Mayure Advocate for Respondent/State : Mr S.N. Morampalle CORAM : SHRIKANT D. KULKARNI, J.
DATE : 28th APRIL, 2022 PER COURT :
1.
These are the applications for withdrawal of amount of compensation moved by the respective applicants/claimants.
3 906-CA-2729-2022 2.
Heard Mr P.C. Mayure, learned counsel for the applicants/claimants and Mr S.N. Morampalle, learned AGP for the State. 3.
These are the cases of compulsory land acquisition. It is the practice followed by this Court to allow the applicants/claimants arising out of land acquisition cases to withdraw 75% of the amount of compensation with accrued interest thereon.
4.
I do not see any reason to take any different view. By taking the same view, I proceed to pass the following order :-
ORDER
(i) The applications for withdrawal of compensation amount are hereby allowed.
(ii) The applicants/claimants are hereby permitted to withdraw 50 % of the amount of compensation with accrued interest thereon on furnishing usual undertaking with the Registrar (Judicial) of this Court. (iii) The applicants are further permitted to withdraws 25% of the amount of compensation with accrued interest thereon on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court.
(iv) Remaining 25% balance amount of compensation with interest shall be invested in Fixed Deposit Account in any nationalized bank initially for a period of one year with renewal clause. (v) The civil applications are accordingly disposed of. ( SHRIKANT D. KULKARNI, J.) mta