Lobhu Bhima Rathod And ANR v. The State Of Maharashtra Through Collector, Osmanabad And ORS

(1) 980 CA-4733.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 980 CIVIL APPLICATION NO.4733 OF 2023 IN FAST/1689/2021 WITH CA/1191/2021 IN FAST/1532/2021 WITH CA/1192/2021 IN FAST/1532/2021 WITH CA/1189/2021 IN FAST/1686/2021 WITH CA/1190/2021 IN FAST/1686/2021 WITH CA/1185/2021 IN FAST/1689/2021 WITH CA/1186/2021 IN FAST/1689/2021 WITH CA/1193/2021 IN FAST/1692/2021 WITH CA/1194/2021 IN FAST/1692/2021 WITH CA/1188/2021 IN FAST/1695/2021 WITH CA/4735/2023 IN FAST/1692/2021 WITH CA/4736/2023 IN FAST/1686/2021 WITH CA/4734/2023 IN FAST/1532/2021 LOBHU BHIMA RATHOD AND ANOTHER

VERSUS

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

Mr. Abhijit More, Advocate for the applicants. Mr. B.V. Virdhe, AGP for respondent - State.

Mr. R.A. Tambe, Advocate for Acquiring Body.

...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

20th April 2023.

ORDER:- IN CIVIL APPLICATIONS FOR WITHDRAWAL OF AMOUNT : 1.

Heard rival submissions.

2.

The respective applicants are seeking withdrawal of their respective amounts of compensation, which have been deposited by the Acquiring Body alongwith the interest accrued thereon. The Acquiring Body as per direction of this Court has deposited only 50% of the compensation amounts, since the enhancement was 8 to 9 times more than the amount granted by SLAO.

(2) 980 CA-4733.2023.odt 3.

This Court, in other connected, matters vide order dated 07.03.2022, has already permitted the applicants therein to withdraw entire deposited amounts which were 50% of the compensation. As such, the applicants herein are permitted to withdraw the entire deposited amounts of compensation 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 APPLICATIONS FOR CONDONATION OF DELAY : 1.

The appellant - Acquiring Body in all these applications is seeking condonation of delay of 524 days, which appears to be cause due to obtaining sanctions at various stages. There is no strong objection from other side and therefore the aforesaid delay periods stand condoned.

2.

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

3.

Applications are accordingly disposed of.

IN CIVIL APPLICATIONS FOR STAY :

.

Since the appellant Acquiring Body has deposited the amounts of compensation as directed by this Court in all these applications, the same are made absolute in terms of prayer clause (B) and stand disposed of.

(SANDIPKUMAR C. MORE, J.) vd_dhirde