Manik Pralhad Kasab And ANR v. The State Of Maharashtra, Through Collector, Osmanabad And ORS

(1) 911 CA-6787.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 911 CIVIL APPLICATION NO.6787 OF 2023 IN FAST/12428/2021 WITH CA/7045/2021 IN FAST/12428/2021 WITH CA/7046/2021 IN FAST/12428/2021 MAHADEO DAGDU GANGE (DIED) THROUGH LRS. SUMAN MAHADEO GANGE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, OSMANABAD AND OTHERS AND 923 CIVIL APPLICATION NO.5313 OF 2023 IN FAST/10900/2021 MANIK PRALHAD KASAB AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA, THROUGH COLLECTOR, OSMANABAD AND OTHERS ...

Mr. Abhijit More, Advocate for the applicants. Mr. A.B. Chate, A.G.P. for respondent Nos.1 and 2. Mr. M.S. Kulkarni, Advocate for respondent No.3. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

27th June 2023.

ORDER:- IN CIVIL APPLICATION NOS. 6787 OF 2023 AND CIVIL APPLICATION NO. 5313 OF 2023 :

1.

Heard rival submissions.

2.

The respective applicants are seeking withdrawal of their amounts of compensation, which have been deposited by the Acquiring Body alongwith the interest accrued thereon. It appears that the acquiring body in all these matters has deposited only 50% of the compensation amounts.

(2) 911 CA-6787.2023.odt 3.

Vide order dated 10.02.2023, this Court in other connected matters, has already permitted the applicants therein to withdraw the entire deposited amounts i.e. 50% of the total compensation. In view of the same, the applicants herein are permitted to withdraw entire 50% of the total compensation amounts alongwith the interest accrued thereon till date, on usual undertaking to the satisfaction of the Registrar (Judicial) of this Court.

4.

The civil applications are accordingly disposed of. IN CIVIL APPLICATION NO. 7045 OF 2021 :

1.

The appellant - Acquiring Body is seeking condonation of delay of 496 days, which appears to be caused due to obtaining sanctions at various stages. There is no strong objection from other side and therefore the delay of 496 days stands condoned.

2.

The appeal be placed for admission after removal of office objections, if any.

3.

Application is accordingly disposed of.

IN CIVIL APPLICATION NO. 7046 OF 2021 :

.

Since the appellant - Acquiring Body has deposited amount of compensation as directed by this court, the application is made absolute in terms of prayer clause-A and disposed of.

(SANDIPKUMAR C. MORE, J.) vd_dhirde