Sushma Pandharinath Deshmukh v. The Chief Officer, Maharashtra Housing And Area Development, Aurangabad And Another

5082.22CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 944 CIVIL APPLICATION NO.5082 OF 2022 IN FA/5136/2017 SUSHMA PANDHARINATH DESHMUKH

VERSUS

THE CHIEF OFFICER, MAHARASHTRA HOUSING AND AREA DEVELOPMENT, AURANGABAD AND ANOTHER ...

Mr.T.M. Venjane, the advocate for the applicant. Mr.Bhusah Virdhe, the advocate for respondent no.1. ...

CORAM : RAVINDRA V. GHUGE & S.G.DIGE, JJ.

DATE : 08.04.2022 P.C. :

1.

By this application, the applicant prays for withdrawal of amount.

2.

The orders with regard to similarly placed claimants, in relation to the same acquisition proceedings, grant liberty to withdraw 50% of the amount. The orders dated 22nd September, 2017, 24th January, 2019, and 13th September, 2019 are annexed to the civil application. The learned Single Judge has also passed a similar order on 5th October, 2018 in civil application No.5735/2018 in First Appeal No.1908/2016.

5082.22CA 3.

Considering the above and the submissions of the learned advocates, the civil application is partly allowed with the following directions :- (a) The applicant is permitted to withdraw 50% of the amount mentioned in prayer clause "B" of the civil application, on submitting an affidavit undertaking through an advocate stating therein that if the applicant/claimant is held to have withdrawn excess amounts, such amounts shall be redeposited in this court within 8 weeks from the date of such order of the Court, failing which, the amounts shall carry interest @ 3% from the date of withdrawal till the date of deposit.

(b) Remainder 50% amounts shall be fixed in fixed deposit certificate by the Registry of this Court in a Nationalized Bank at Aurangabad.

(S.G.DIGE, J.) (RAVINDRA V. GHUGE, J.) SGA