Sumant Baliram Shinde v. The State Of Maharashtra, Through The District Collector, Osmanabad And Others
C.A.5599-2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD CIVIL APPLICATION NO. 5599 OF 2021 IN FIRST APPEAL ST.NO. 30559 OF 2019 Sumant s/o Baliram Shinde ..Applicant
Versus
The State of Maharashtra and ors.
..Respondents Mr L.C. Patil, Advocate for applicant Mr G.O. Wattamwar, A.G.P. for respondents no.1 and 2 Mr A.D. Gadekar, Advocate for respondent no.3 AND CIVIL APPLICATION NO.5598 OF 2021 IN FIRST APPEAL ST.NO.30673 OF 2019 Yashwant s/o Baliram Shinde ..Applicant
Versus
The State of Maharashtra and ors.
..Respondents Mr L.C. Patil, Advocate for applicant Mr G.O. Wattamwar, A.G.P. for respondents no.1 and 2 Mr A.D. Gadekar, Advocate for respondent no.3 CORAM : SHRIKANT D. KULKARNI, J.
DATE : 3rd July 2021 PER COURT :
1.
Both these applications are moved by the applicants/original claimants for withdrawal of the amount deposited by the acquiring body in this Court. 2.
Heard Mr L.C. Patil, learned Advocate for the applicants/original claimants, Mr. G.O. Wattamwar, learned A.G.P. for respondents no.1 and 2 and Mr A.D. Gadekar, learned Advocate for respondent no.3. 3.
Perused the impugned judgment and award passed by Civil Judge, Senior Division, Bhoom, District Osmanabad in L.A.R. No.1152/2014 dated 14.3.2017 and L.A.R. No.266/2014 dated 14.3.2017, respectively.
C.A.5599-2021 4.
At this juncture, it would not be just and proper to go into the merits of the appeals regarding determination of the market price of the lands acquired. As per the practice followed by this Court in number of matters regarding withdrawal of amount in land acquisition cases, this Court used to allow withdrawal of 75% amount deposited. This course is, therefore, needs to be adopted in absence of any change in circumstances. With this, I conclude and proceed to pass the following order :
- ORDER - (i) Both the Civil Applications for withdrawal of amount are hereby allowed. (ii) The applicants/original claimants are hereby permitted to withdraw 50% of the amount deposited by the acquiring body/respondent no.3 inthis Court, on furnishing usual undertaking with the Registry. (iii) The applicants/original claimants are further permitted to withdraw 25% of the amount deposited by the acquiring body/respondent no.3 on furnishing solvent surety/security to the satisfaction of Registrar (Judicial) of this Court. 5.
Both the Civil Applications stand disposed of accordingly. ( SHRIKANT D. KULKARNI, J.) vvr