Manjur Shahabuddin Zarekari v. The State Of Maharashtra And Another

2024:BHC-AUG:13940 {1} ca2560-24.doc drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2560 OF 2024 IN FIRST APPEAL NO.2930 OF 2018 Bapu Dinkar Shinde (Died) LRs and Others APPLICANTS

VERSUS

The State of Maharashtra and Another RESPONDENTS AND CIVIL APPLICATION NO. 2561 OF 2024 IN FIRST APPEAL NO.2938 OF 2018 Manjur Shahabuddin Zarekari APPLICANT

VERSUS

The State of Maharashtra and Another RESPONDENTS .......

Mr. Shubham Jaybhar h/f Mr.D.R. Jaybhar, Advocate for applicants Mrs. Uma Bhosale, AGP for respondent - State Mr. G. B. Rajale, Advocate for respondent No.2. .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 12 th JULY, 2024 ORDER :

1.

Heard.

2.

By these applications applicants seek withdrawal of remaining amount of compensation deposited by the acquiring body in this Court.

3.

Learned advocate for respondent No.2 - acquiring body

{2} ca2560-24.doc strenuously opposed the applications.

4.

Considering the fact that acquisition is of the year 1989 and the first appeals are not likely to be heard in the near future, it would be just and proper to permit the applicants to withdraw further 25% of the amount of compensation, on furnishing undertaking.

5.

In that view of the matter, applicants are permitted to withdraw further 25% of the amount of compensation along with proportionate interest accrued thereon on furnishing undertaking.

6.

Remaining amount shall be invested in fixed deposit, to be renewed from time to time, until further orders. 7.

Civil applications are disposed of.

[NITIN B. SURYAWANSHI] JUDGE drp/ca2560-24.doc