Kusum D Kulkarni (Rajwadkar) Widow Of The Original Claimant Late D. V. Kulkarni And ANR v. The State Of Maharashtra And ORS

1 C.A. No. 4367 / 2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4367 of 2018 IN FIRST APPEAL NO. 358 of 2018 Kusum W/o Dattatraya Kulkarni (Rajwadkar) ...APPLICANT

VERSUS

The State of Maharashtra and others ...RESPONDENTS Mr V.B. Jogdand Patil, Advocate for applicant. Mr A.M. Phule, Asstt. Govt. Pleader for respondents CORAM : SUNIL P. DESHMUKH, J.

DATE : 27th April 2018 ORDER :

Learned Counsel appearing for parties point out that this application was left out from the group of Civil Application bearing No. 2926 of 2017 in First Appeal (Stamp) No. 5456 of 2016 and companion applications, wherein vide order dated 3rd March 2017 this Court has allowed applicants therein to withdraw 75% of amount deposited in this Court on furnishing undertaking to the satisfaction of Registrar (Judicial) of this Court and remaining 25% of the amount has been directed to be invested in fixed deposit receipt in any nationalized bank initially for a period of three years and the fixed deposits be renewed thereafter from time to time until further orders.

2.

There is no dispute that present application pertains

2 C.A. No. 4367 / 2018 to withdrawal of compensation amount deposited by acquiring body in this Court in respect of the land acquired under the same notification for same project and is from the same village and it is covered under same award and is from the same tract of land as are concerned in civil applications referred to earlier. 3.

It, thus, would be expedient that this application may also be given same treatment as had been received by Civil Application No. 2926 of 2017 and companion applications. 4.

In the circumstances, applicants are allowed to withdraw 75% of amount deposited in this Court, on furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court.

5.

Remaining 25% of the deposited amount shall be invested in a nationalized bank initially for a period of three years and the fixed deposits be renewed thereafter from time to time until further orders.

6.

Civil Application is, accordingly, disposed of in above terms.

( SUNIL P. DESHMUKH ) JUDGE.

Madkar