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Bombay High CourtCA/2527/2022disposed off

Manik Chandrasen Bonder v. The State Of Maharashtra And ORS

2022-04-04Hon'Ble Shri Justice Shrikant D. Kulkarni3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.2525 OF 2022 IN FA/1483/2021 SACHIN CHANDRASEN BONDER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS WITH CA/2527/2022 IN FA/1482/2021 MANIK CHANDRASEN BONDER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS WITH CA/2529/2022 IN FA/1484/2021 MADHUKAR BAJIRAO BONDAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ....

Mr. S.G. Jadhavar, Advocate for the Applicants Mr. P.M. Kulkarni, AGP for for Respondent Nos.1 and 2 Mr. H.P. Kshirsagar, Advocate for Respondent No.3 ....

CORAM : SHRIKANT D. KULKARNI, J.

DATE : 04th APRIL, 2022 PER COURT:- 1.

These are the applications for withdrawal of amount moved by the respective applicants / claimants.

2.

Heard Mr. S.G. Jadhavar, learned counsel for the applicants, Mr. H.P.Kshirsagar, learned counsel for respondent no. 3 / acquiring body and Mr. Kulkarni, learned AGP for respondent no.1 / State.

3.

It is the practice followed by this Court to allow the original claimants to withdraw 75% amount of the compensation deposited by the acquiring body in the matters arising out of compulsory land acquisition. By taking the same view, I proceed to pass the following order.

O R D E R

(i) The applications are hereby allowed as under: (a) The applicants / claimants are hereby permitted to withdraw 50% of the amount with accrued interest thereon subject to furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court. (b) The applicants / claimants are further permitted to withdraw 25% of the amount with accrued interest thereon subject to furnishing solvent surety / security to the satisfaction of the Registrar (Judicial) of this Court.

(c) Remaining 25% of the amount of compensation with accrued interest thereon shall be invested in the fixed deposit with any nationalized Bank initially for a period of one year with clause of renewal.

(iii) The civil applications are accordingly disposed of. [ SHRIKANT D. KULKARNI ] JUDGE S.P. Rane