Jagannath Kashinath Autade And Others v. Cidco Aurangabad Chief Officer Cidco And ORS

2024:BHC-AUG:7706 908-CA-3474-24-w.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3474 OF 2024 IN FA/397/2024 JAGANNATH KASHINATH AUTADE AND OTHERS

VERSUS

CIDCO AURANGABAD CHIEF OFFICER CIDCO AND OTHERS ...

Advocate for Applicants : Mr. Shaikh Mujtaba Gulam Mustafa Advocate for Respondent No.1 : Mr. S. V. Deshmukh ...

CORAM : S. G. MEHARE, J.

DATE : 05-04-2024 PER COURT :- 1.

Heard the learned counsel for the applicants and learned counsel for respondent No.1/appellant.

2.

The appellant has deposited 75% amount of the compensation.

3.

Learned counsel for the appellant opposed the application. 4.

The learned counsel for the applicants submits that since 75% of the compensation amount is deposited, the Court, in identical cases, allowed them to withdraw the entire amount on certain conditions.

5.

The learned counsel for respondent/appellant submits that the learned Reference Court passed the award based upon earlier judgment in which the sale deed of year 2010 was considered.

908-CA-3474-24-w.odt 6.

Learned counsel for applicant has no instructions, whether that award was allowed on merit. Prima facie, it appears that the land of the applicants has been acquired. 25% of the amount from the enhanced compensation has already been protected by directing the Special Land Acquisition Officer not to deposit the entire compensation. Hence, the following order:-

ORDER

i) The application is partly allowed.

ii) The applicants are permitted to withdraw the entire amount deposited with this Court. Out of it, 50% of the deposited amount with accrued interest be released on furnishing usual undertaking before the learned Registrar (Judicial) of this Court and remaining 25% of the deposited amount along with accrued interest on furnishing solvent security/surety. The balance amount be deposited in FDR during the pendency of the appeal.

( S. G. MEHARE ) JUDGE rrd