Gundiram Kerba Shelke (Died) Thr Lrs Sakubai And ANR v. The State Of Maharashtra And ORS

(1) 920 CA-3146.2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 920 CIVIL APPLICATION NO.3146 OF 2020 IN FA/2565/2019 GUNDIRAM KERBA SHELKE (DIED) THROUGH LRS SAKUBAI AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. Gajanan Sontakke, Advocate for the applicants. Mr. P.M. Kulkarni, Advocate for respondent Nos.1 and 2. Mr. S.G. Sangle, Advocate for respondent No.3. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

4th July 2023.

ORDER:- 1.

Heard rival submissions.

2.

The applicants are seeking withdrawal of the entire amount of compensation, which has been deposited by the Acquiring Body alongwith the interest accrued thereon. 3.

Vide order dated 28.02.2023 in other similar matters this Court in view of order dated 28.03.2021 passed by the Hon'ble Apex Court in other connected matters, has permitted the applicants therein to withdraw remaining 50% amounts of compensation since those applicants had initially already withdrawn 50% of compensation amounts.

4.

In this matter the applicants have not withdrawn any amount of compensation yet. Therefore, in view of the

(2) 920 CA-3146.2020.odt aforesaid order, the applicants are permitted to withdraw entire amount of compensation alongwith the interest accrued thereon till date i.e. 50% on usual undertaking and 50% on furnishing solvent surety / security to the satisfaction of the Registrar (Judicial) of this court.

5.

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