Tukaram Sadhu Kore v. The State Of Maharashtra Thr The Collector, Osmanabad And ORS
(1) ca-6423-2023 7 ors. withdrawal
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO.6423 OF 2023 IN FAST/26897/2018 BHAURO TULSIRAM KADAM DIED THR LRS BHAIRAONATH B KADAM
VERSUS
THE STATE OF MAHARASHTRA THR THE COLLECTOR, OSMANABAD AND ORS.
...
Mr. L. C. Patil, Advocate for the Applicant.
Mr. S. S. Dande, AGP for Respondents-State.
Mr. Mayur Subhedar h/f Mrs. M. B. Gangwal, Advocate for Respondent No.2.
...
AND CIVIL APPLICATION NO.6425 OF 2023 IN FAST/26910/2018 AND CIVIL APPLICATION NO.6140 OF 2023 IN FA/2906/2022 AND CIVIL APPLICATION NO.6141 OF 2023 IN FA/2920/2022 AND CIVIL APPLICATION NO.6142 OF 2023 IN FA/2905/2022 AND CIVIL APPLICATION NO.6143 OF 2023 IN FA/2904/2022 AND CIVIL APPLICATION NO.6145 OF 2023 IN FA/2907/2022 CORAM : S. G. CHAPALGAONKAR, J.
DATE : 14th JULY, 2023.
(2) ca-6423-2023 7 ors. withdrawal PER COURT:- 1.
Heard rival submissions.
2.
The respective applicants in all these application, are seeking withdrawal of their entire respective amounts of compensation, which has been deposited by the acquiring body alongwith the interest accrued thereon.
3.
The learned Advocate appearing for the acquiring body strongly opposed the applications on the ground that the Reference Court has granted exorbitant amount of compensation, which is nearly six times of the amount granted by SLAO. 4.
In view of the same and considering the enhancement granted by the learned Reference Court, which is more than six times, the applicants are permitted to withdraw their respective 75% amounts from the deposited amounts of compensation alongwith the proportionate interest accrued thereon till date on usual undertaking to the satisfaction of the Registrar (Judicial) of this Court.
5.
The remaining amounts be kept in Fixed Deposit in any Nationalized Bank with renewal clause till final disposal of this Appeals.
6.
Civil Applications are disposed of.
(S. G. CHAPALGAONKAR) JUDGE Devendra/July-2023