Regional Officer, M.I.D.C. Latur v. Nagorao Vitthalrao Salunke And Others

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD 954 CIVIL APPLICATION NO. 9686 OF 2016 IN FAST/3981/2016 WITH CA/1819/2016 IN FAST/3981/2016 WITH CA/1820/2016 IN FAST/3981/2016 WITH FAST/3981/2016 NAGORAO VITTHALRAO SALUNKE

VERSUS

REGIONAL OFFICER, THE M.I.D.C. LATUR AND ORS ...

Advocate for Applicant : Mr. A.N. Irpatgire AGP for Respondents 2 & 3 : Mrs. R.P. Gour Advocate for Respondent 1 : Mr. S.S. Dande ...

CORAM : T.V. NALAWADE AND SANGITRAO S. PATIL, JJ.

DATED : February 14, 2017.

ORDER :

Civil Application No. 1819/2016 is filed for condonation of delay of 253 days caused in filing the appeal against the decision given by the Reference Court. In view of the contentions made in the application and submissions made, the application is allowed. Delay is condoned. The proceeding is to be registered as First Appeal. 2.

Civil Application No. 9686/2016 is filed

for permission to withdraw the compensation amount deposited by the appellant in this Court. The submissions made show that in appeal filed by the present appellant against other decision given by the Reference Court in respect of the matter arising out of the same village, this Court has granted permission to withdraw 50% amount of compensation and that was subject to condition of giving undertaking in respect of 25% amount and 25% amount by giving bank guarantee in respect of that amount. So, the present application is allowed in the same terms. Only 50% amount out of total compensation is to be released in favour of applicant, original claimant subject to condition that applicant gives undertaking in respect of 25% amount of compensation and furnishes bank guarantee in respect of 25% amount of compensation. Remaining 50% amount is to be kept in fixed deposit as per the procedure. The application is disposed of in those terms. Stay application No. 1820/2016 is also disposed of.

3.

Appeal is admitted. Notice in appeal is waived by Shri. Irpatgiri for original claimant and the learned A.G.P. for respondent Nos. 2 and 3.

[SANGITRAO S. PATIL, J.] [T.V. NALAWADE, J.] ssc/