Sandekhan Lad Kha v. The State Of Maharashtra And Another

ca5886.17, etc.

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.5886 OF 2017 IN FIRST APPEAL NO.1806 OF 2015 Abdul Kha Lad Kha ..APPLICANT

VERSUS

The State of Mah. & anr.

..RESPONDENTS WITH CIVIL APPLICATION NO.5890 OF 2017 IN FIRST APPEAL NO.1807 OF 2015 Sandekhan Lad Kha ..APPLICANT

VERSUS

The State of Mah. & anr.

..RESPONDENTS Mr D.A. Bhide, Advocate holding for Mr V.B. Wayal, Advocate for applicants;

Mr B.V. Virdhe, A.G.P. for respondent no.1 CORAM : V.K. JADHAV, J.

DATE : 28th April, 2017 ORAL ORDER Heard both the sides.

2.

Considering the challenge to the judgment and award passed by the Reference Court and the fact that the Reference Court has awarded the compensation at the enhanced rate, by relying upon the sale instance from the same village which was executed three years prior to Section 4 notification, the applicants are permitted to withdraw 50% of the amount along with accrued interest thereon, on furnishing undertaking to the

ca5886.17, etc.

(2) satisfaction of the Registrar (Judicial) and further 25% on furnishing solvent surety to the satisfaction of the Registrar (Judicial). Civil Applications are disposed of accordingly. (V.K. JADHAV, J.) amj