Neminath Tulshiram Ambekar, Jain (Died) Thr Lrs Sulochana And ORS v. The State Of Maharashtra And ANR

1 921-CA-6673-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 921 CIVIL APPLICATION NO.6673 OF 2022 IN FAST/39017/2019 NEMINATH TULSHIRAM AMBEKAR, JAIN (DIED) THR LRS SULOCHANA AND ORS

VERSUS

THE STATE OF MAHARASHTRA AND ANR ...

Advocate for Applicants : Mr D.A. Bide AGP for Respondent/State : Mr A.B. Chate CORAM : SHRIKANT D. KULKARNI, J.

DATE : 28th APRIL, 2022 PER COURT :

1.

It is an application for withdrawal of compensation amount moved by the original claimants.

2.

Heard Mr D.A. Bide, learned counsel for the applicants/original claimants and Mr A.B. Chate, learned AGP for Respondent No.1/State. 3.

It is a case of compulsory land acquisition by the State. It is the practice followed by this Court to allow the claimants to withdraw 75% of the amount of compensation in compulsory land acquisition cases. I do not find any reason to take any different view. By taking the same view, I proceed to pass the following order :-

ORDER

(i) The application is allowed.

2 921-CA-6673-2022 (ii) The applicants/original claimants are hereby permitted to withdraw 50% of the amount of compensation on furnishing usual undertaking with the Registrar (Judicial) of this Court.

(iii) The applicants/original claimants are further permitted to withdraw 25% of the amount of compensation on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court.

(iv) The remaining 25% of the balance amount shall be invested in the Fixed Deposit Account in any nationalized bank for a period of one year with renewal clause.

(v) The civil application is accordingly disposed of. ( SHRIKANT D. KULKARNI, J.) mta