Namdeo Kashinath Darekar v. The State Of Maharashtra Thr The Collector, Osmanabad And ORS

(1) 19 CA-3193.2023 & ors.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 19 CIVIL APPLICATION NO.3193 OF 2023 IN FAST/17089/2021 WITH CA/3190/2023 IN FAST/16669/2021 WITH CA/3189/2023 IN FAST/17082/2021 NAMDEO KASHINATH DAREKAR

VERSUS

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

Mr. V.B. Deshmukh, Advocate for the applicants. Mr. G.B. Rajale, Advocate for respondent No.1. Mrs. G.L. Deshpande, A.G.P. for respondent Nos.2 and 3. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

13.03.2023.

ORDER:- 1.

Heard rival submissions.

2.

The respective applicants are seeking withdrawal of their entire respective amounts of compensation, which have been deposited by the respondent - Acquiring Body alongwith the interest accrued thereon.

3.

The learned counsel for the Acquiring Body opposed the applications on the ground that the Reference Court has granted exorbitant amount of compensation which is nearly six times more than the amount granted by SLAO. 4.

Therefore, considering that the enhancement granted by the learned Reference Court, which is of six times,

(2) 19 CA-3193.2023 & ors.odt the applicants are permitted to withdraw 70% of the deposited amounts of compensation alongwith the proportionate interest accrued thereon till date, on usual undertaking to the satisfaction of the Registrar (Judicial) of this court. 5.

The remaining amounts be kept in FDR in any nationalized Bank on yearly renewal basis till final disposal of these appeals.

6.

The civil applications are accordingly disposed of. (SANDIPKUMAR C. MORE, J.) vd_dhirde