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Bombay High CourtCA/3866/2015admittedallowedgrantedrule absolute

Raju @ Rajendra Shankarao Jambhale v. The State Of Maharashtra And Another

2015-04-17Hon'Ble Shri Justice R. M. Borde,Hon'Ble Shri Justice V.K. Jadhav1 pages

ca3866.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3866 OF 2015 IN FIRST APPEAL NO. 2975 OF 2013 Raju @ Rajendra s/o Shankarao Jambhale .. APPLICANT

VERSUS

The State of Maharashtra & another .. RESPONDENTS Mr. A.H. Koralkar, advocate for applicant.

Mr. S.G. Karlekar, AGP for the State.

===== CORAM : R.M. BORDE & V. K. JADHAV JJ.

DATE : 17th APRIL, 2015.

PER COURT :

1.

This is an application seeking withdrawal of the amount deposited by the MIDC in this Court. The Reference court has directed enhancement in amount of compensation to the tune of Rs. 23,167/- per Acre. Learned counsel appearing for the claimant informs that in some of the matters arising out of the same acquisition, the Reference Court dealing with such matters has directed enhancement upto Rs.10,000/- per Arc. It is the contention of claimant that enhancement directed is quired meager and the view adopted by the Reference court in the same set of matters also appears to be in conflict. In this view of the matter, considering the peculiar facts and circumstances of the case, applicant shall be permitted to withdraw the amount deposited by the respondent MIDC in this Court on furnishing solvent security for the like amount. Civil application stands disposed of. ( V.K. JADHAV ) ( R. M. BORDE ) JUDGE JUDGE dyb