Shankar Bapu Kolage (Died) Thr Lrs Saudagar And ORS v. The State Of Maharashtra Thr The Collector, Osmanabad And ORS
2024:BHC-AUG:19454 (1) ca 11258.23.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 977 CIVIL APPLICATION NO. 11258 OF 2023 IN FA/2707/2023 Nagnath Balbhim Kadam (died) Thr Lrs. Krushnay Nagnath Kadam And Ors
VERSUS
The State Of Maharashtra Through The Collector, Osmanabad And Ors ...
Advocate for Applicant : MsLakshmi R. Thakur h/f Mr. L.C. Patil Advocate for Respondent 2 : Ms M.B. Gangwal ...
WITH CIVIL APPLICATION NO. 6426 OF 2023 IN FA/2708/2023 Shankar Bapu Kolage (died) Thr Lrs Saudagar And Ors
VERSUS
The State Of Maharashtra Thr The Collector, Osmanabad And Ors ...
Advocate for Applicant : Ms Lakshmi R. Thakur h/f Mr. L.C. Patil Advocate for Respondent 2 : Ms M.B. Gangwal ...
CORAM : S. G. CHAPALGAONKAR, J.
Dated : August 23, 2024 PER COURT :- 1.
Heard learned advocates appearing for the respective parties. 2.
Learned counsel appearing for the applicants invites attention of this Court to the order dated 14.7.2023 passed in connected matters i.e. CA No.6423/2023 in FAST 26897/2018 and submits that same course can be adopted in the present matter.
3.
Ms. Gangwal, learned counsel appearing for the Respondent Acquiring body also conceded to the position that in connected appeals this Court has permitted withdrawal of 75% of the amount deposited with Registry of this Court.
(2) ca 11258.23.odt 4.
In that view of the matter, same course can be followed in the present case also.
5.
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.
6.
The remaining amounts be kept in Fixed Deposit in any Nationalized Bank with renewal clause till final disposal of this Appeal. 7.
Civil Applications stand disposed of.
( S. G. CHAPALGAONKAR ) JUDGE ...
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