Nalubai Balbhim Jadhav Another v. The State Of Maharashtra Thr The Collector, Osmanabad And ORS

(1) 922 CA-2762.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 922 CIVIL APPLICATION NO.2762 OF 2023 IN FA/1584/2021 WITH CA/2764/2023 IN FA/1585/2021 WITH FA/1583/2021 WITH CA/2763/2023 IN FA/1584/2021 WITH CA/2765/2023 IN FA/1585/2021 NALUBAI BALBHIM JADHAV ANOTHER

VERSUS

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

Mr. L.C. Patil, Advocate for the applicants.

Mrs. Sunita Shelke, Advocate for respondent No.3. Mr. G.L. Gujar, Advocate holding for Mr. J.M. Wagh, Advocate for the intervenor.

...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

14.07.2023 ORDER:- 1.

Heard rival submissions. Though the learned Counsel Mr. Gujar, holding for learned Counsel Mr. Wagh for the intervenor sought time, but under the order dated 4th July 2023, this Court has already granted last chance with direction to the intervenor to bring restraining order from civil court. However, no such order has been placed before this Court today.

2.

The respective applicants are seeking withdrawal of their amounts of compensation alongwith the interest accrued thereon. It appears that the Acquiring Body has deposited only 75% of the amounts of compensation.

(2) 922 CA-2762.2023.odt 3.

Vide order dated 9th March 2023 in other connected matters, this Court has already permitted applicants therein to withdraw 75% of the total compensation amount. In view of the same, the present applicants are also permitted to withdraw the entire deposited amounts of compensation which are 75% of the total compensation amounts, alongwith interest accrued thereon till today, i.e. 50% on usual undertaking and 25% on furnishing solvent surety / security to the satisfaction of Registrar (Judicial) of this Court.

4.

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