Tejaswini Dhananjay Desale v. The Collector, Through The S.L.A.O., M.I.W., Jalgaon And ANR
2025:BHC-AUG:26502 57-sr1011.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO.6275 OF 2025 IN FIRST APPEAL NO.1864 OF 2025 Tejaswini Dhananjay Desale vs.
The Collector, Through SLAO, MIW, Jalgaon and anr. ---- Mr.B.K.Pawar, Advocate h/f. Mr.A.B.Kale, Advocate for applicant Mr.S.S.Dande, AGP for respnondent no.1 Mr.R.A.Tambe, Advocate for respnondent no.2 ----
CORAM
:
AJIT B. KADETHANKAR, J.
DATE :
SEPTEMBER 18, 2025 ORDER :- This is an application seeking permission to withdraw the amount deposited by the acquiring body in this court. 2.
Learned counsel for the applicant submits that in Civil Application No.4075 of 2025 in FAST No.15378/2020 with connected matters, this court, vide order dated 21.04.2025, has allowed the applicants therein to withdraw 60% of the amount of compensation, which is deposited by the acquiring body in this court along with accrued interest thereon, on furnishing usual undertaking to the satisfaction of learned Registrar (Judicial). The land acquisition proceedings and the references, which had been the subject-matter of the cited case (supra), are the subject-matter also in the present
57-sr1011 appeals. Hence, on the principle of parity, learned counsel seeks same order.
3.
Mr.R.A.Tambe, learned counsel for the acquiring body, fairly submits that the cited matters, i.e. Civil Application No.4075 of 2025 in FAST No.15378/2020 and connected matters arise out of the same land acquisition proceedings and notification/award, which are the subject matter of present appeal. Since the order dated 21.04.2025 was passed upon hearing all the parties, he would not have objection if a similar order is passed. 4.
Hence, the following order:- (i) The applicants are permitted to withdraw 60% amount of compensation, which is deposited by the acquiring body with this court, along with the accrued interest thereon, on furnishing usual undertaking to the satisfaction of learned Registrar (Judicial) of this court.
(ii) The application stands disposed of accordingly. [AJIT B. KADETHANKAR, J.] KBP