Dnyanoba So Baburao Chate And ORS v. Union Of India And ORS

2025:BHC-AUG:13512 3616.25ca (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 941 CIVIL APPLICATION NO. 3616 OF 2025 IN FAST/24169/2023 DNYANOBA SO BABURAO CHATE AND OTHERS

VERSUS

UNION OF INDIA AND OTHERS ....

Mr N. P. Bangar, Advocate for applicants Mr R. R. Bangar, Advocate for respondent Nos.1 & 2 CORAM : PRAFULLA S. KHUBALKAR, J.

DATE : 6th May, 2025 PER COURT:

1.

Heard.

2.

This application is filed, seeking withdrawal of amount deposited by the appellant in this Court along with interest, pursuant to the impugned judgment and award passed by the learned Reference Court under Section 18 of the Land Acquisition Act. The applicants are original claimants whose land came to be acquired by the respondents.

3.

Learned counsel for the applicants submits that in identical matters arising out of the same project, this Court had earlier allowed the claimants to withdraw amount and he relies on the order

3616.25ca (2) dated 28/06/2024, passed in Civil Application No.5714/2024 in First Appeal(St.) No.24101/2023 and requests for grant of similar orders. 4.

In view of the above, following is the order :- The applicants are allowed to withdraw 50% of the deposited amount along with accrued interest by the Acquiring Body in this Court on furnishing an undertaking that in case, the appeal is allowed, they shall redeposit the amount with interest in this Court within twelve weeks thereafter. Further 25% of the amount shall be allowed to be withdrawn to the applicants on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court. Remaining amount be invested in fixed deposit in any Nationalized Bank and be kept till disposal of the appeal.

5.

The civil application stands allowed and disposed of. (PRAFULLA S. KHUBALKAR, J.) sjk