The State Of Maharashtra And ANR v. Pandharinath Maroti Wakale

1 57 ca 3138-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 57 CIVIL APPLICATION NO.3138 OF 2023 IN FA/2822/2022 WITH CA/7227/2017 IN FA/2822/2022 PANDHARINATH MAROTI WAKALE (DECEASED) DIED THR LRS. KAVALBAI PANDHARINATH WAKALEAND ORS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR DIST LATUR AND ANR ...

Advocate for Applicants : Mr. G. D. Kale AGP for Respondent Nos.1 & 2: Mr. B. V. Virdhe ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 24/04/2023.

P. C. :

A) ORDER IN CIVIL APPLICATION NO.3138 OF 2023 :

1.

Heard rival submissions.

2.

The applicants are seeking withdrawal of the entire amount of compensation, which has been deposited by the State- acquiring body alongwith the interest accrued thereon.

3.

The learned AGP for the acquiring body strongly opposed the application on the ground that the reference court has granted exorbitant amount of compensation, which is beyond four times of the amount granted by SLAO.

4.

However, it appears that in other connected matters the State - acquiring body before the Executing Court, has satisfed those awards by depositing entire amounts. In view of the same, the applicants are permitted to withdraw entire amount of compensation deposited in this matter alongwith the interest

2 57 ca 3138-23 accrued thereon till date on usual undertaking to the satisfaction of the Registrar (Judicial) of this court.

5.

The civil application is accordingly disposed of. B) ORDER IN CIVIL APPLICATION NO.7227 OF 2017 :

Since the appellant - acquiring body has deposited amount of compensation as directed by this court, the application is made absolute in terms of prayer clause-B and disposed of. ( SANDIPKUMAR C. MORE, J. ) VS Maind/-