Nagesh Shrawan Gaikwad v. The State Of Maharashtra Thr The Collector, Osmanabad And Others

930 ca.5814.22 anr.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

930 CIVIL APPLICATION NO.5814 OF 2022 IN FAST/21182/2020 WITH CA/5813/2022 IN FAST/21555/2020 PREMANATH SADHU BHURE

VERSUS

THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, OSMANABADAND OTHERS ...

Advocate for Applicant : Mr. Laxmikant C. Patil. AGP for Respondent/State: Mr. S. N. Morampalle. Advocate for Respondent No.3: Mrs. Sunita Dashrat Shelke. ...

CORAM :

SHRIKANT D. KULKARNI, J.

DATE :

20th April, 2022.

P.C.:

.

These are the applications for withdrawal of compensation amount moved by the applicants/claimants.

Heard Mr. Laxmikant C. Patil, learned counsel for the applicants, Mrs. Shelke, learned counsel for respondent No.3/ acquiring body and Mr. Morampalle, learned AGP for respondent Nos.1 and 2. Mrs. Shelke, learned counsel for the acquiring body opposed to allow these applications in order to protect the interest of the acquiring body.

930 ca.5814.22 anr.odt Having considered the submissions of both the sides and looking to the practice followed by this Court, I do not see any reason to take any different view. By taking the same view, I proceed to pass the following order:

O R D E R

I.

The applications are hereby allowed as under: II.

The respective applicants/claimants are hereby permitted to withdraw 50% of the amount of compensation with accrued interest thereon on furnishing usual undertaking with the Registrar (Judicial) of this Court.

III.

The respective applicants/claimants are further permitted to withdraw 25% of the amount of compensation with accrued interest thereon on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court.

IV.

Remaining 25% of the compensation amount with accrued interest thereon shall be invested in fixed deposit account in any Nationalized Bank initially for a period of one year with renewal clause.

V.

The applications are accordingly disposed of. [ SHRIKANT D. KULKARNI, J. ] nga