Chunilal Lakhmichand Baphana Died Thr Lrs Satish C. Baphna And ORS v. The State Of Maharashtra

{1} 924 sr.no..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.6868 OF 2023 IN FA/2158/2022 WITH CA/328/2008 IN FA/2158/2022 CHUNILAL LAKHMICHAND BAPHANA DIED THR LRS SATISH C. BAPHNA AND ORS

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Mr. Vijay Prabhakarrao Latange AGP for Respondents: Mr. P.M. Kulkarni.

CORAM : S.G. CHAPALGAONKAR, J.

DATE : 23rd JUNE, 2023 ORDER :- IN CIVIL APPLICATION FOR WITHDRAWAL :- By this application, the applicants are seeking permission to withdraw the amount deposited by the respondent as per the award passed by the Reference Court.

Mr. Latange, learned advocate appearing for the applicant submits that lands of the applicants have been acquired for percolation tank in the year 1989. The Reference Court passed an award in the year 2001. Till this date, applicants have not received the fruits of the said award. Referring to the reasoning given by the Reference Court in LAR No. 259 of 1994, he would submits that the enhancement of

{2} 924 sr.no..odt compensation has been granted based on the evidence that was recorded before the Reference Court.

Learned AGP submits that excessive compensation has been awarded.

Considering the submissions advanced, the applicants are permitted to withdraw 75% of the amount deposited in this court alongwith interest accrued thereon, with usual undertaking to be furnished with the Registrar (Judicial) of this Court. IN FIRST APPEAL :- Call for R. & P.

[S.G. CHAPALGAONKAR] JUDGE grt/-