← Library
Bombay High CourtCA/6555/2023disposed off

Gopal Bajirao Mane v. The State Of Maharashtra Through Its Collector, Osmanabad And Others

2023-06-07Hon'Ble Shri Justice Sandipkumar C. More3 pages

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6555 OF 2023 IN FIRST APPEAL NO. 1767 OF 2021 WITH CIVIL APPLICATION NO. 6556 OF 2023 IN FIRST APPEAL NO. 1769 OF 2021 WITH CIVIL APPLICATION NO. 6557 OF 2023 IN FIRST APPEAL NO. 1768 OF 2021 Mr. S. N. Patil, advocate for the Applicants Mr. S. N. Kendre, AGP for Respondents No.1 & 2. Mr. Mukul S. Kulkarni, advocate for Respondent No.3. CORAM : SANDIPKUMAR C. MORE, J.

DATE : 07th June, 2023.

PC :

Heard rival submissions.

The respective applicants are seeking withdrawal of entire amounts of compensation, which have been deposited by the appellant-acquiring body.

The learned Counsel for the appellant-acquiring body has strongly opposed the applications on the ground that the Reference Court has granted exorbitant compensation in respect of house properties relying upon the

{2} valuation which was made behind back of the acquiring body. It was brought to the notice of this Court that in other similar matters, the acquiring body had deposited 75% of the compensation amounts and the amounts were allowed to be withdrawn by the concerned claimants.

In view of the same, the applicants herein are permitted to withdraw their respective 75% amounts of compensation along with proportionate interest accrued thereon till date on furnishing usual undertaking to the satisfaction of Registrar (J) of this Court. The remaining amounts be kept in FDR, in any Nationalised Bank on yearly renewal basis till disposal of these appeals. Civil Applications are disposed of.

(SANDIPKUMAR C. MORE) JUDGE adb

{3}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO. 1767 OF 2021 WITH FIRST APPEAL NO. 1769 OF 2021 WITH FIRST APPEAL NO. 1768 OF 2021 Mr. Mukul S. Kulkarni, advocate for the Applicants Mr. S. N. Patil, advocate for claimants.

Mr. S. N. Kendre, AGP for Respondent-State authorities. CORAM : SANDIPKUMAR C. MORE, J.

DATE : 07th June, 2023.

PC :

Heard.

Admit.

Learned Counsel for respective Respondents waive service.

(SANDIPKUMAR C. MORE) JUDGE adb