Vijay Neminath Ambekar-Jain v. The State Of Maharashtra Through The Special Land Acquisition Officer, Jayakwadi Pro. Aurangabad An
917 ca.7053.22.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
917 CIVIL APPLICATION NO.7053 OF 2022 IN FAST/39020/2019 VIJAY NEMINATH AMBEKAR-JAIN
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE SPECIAL LAND ACQUISITION OFFICER, JAYAKWADIPRO. AURANGABAD AN ...
Advocate for Applicant : Mr. D. A. Bide.
AGP for Respondent/State: Mr. S. N. Morampalle. ...
CORAM :
SHRIKANT D. KULKARNI, J.
DATE :
05th May, 2022.
P.C.:
.
It is an application for withdrawal of compensation amount moved by the applicant/claimant.
Heard Mr. Bide, learned counsel for the applicant/claimant and Mr. Morampalle, learned AGP for the respondent/State. It is revealed during the course of argument that the State/acquiring body has deposited the amount of compensation with the Reference Court / Executing Court. As such, it would be appropriate to dispose of this application with directions to the Reference Court / Executing Court as under:
917 ca.7053.22.odt
O R D E R
I.
The application is disposed of with following directions to the Reference Court / Executing Court:
II.
The applicant/claimant shall file fresh application for withdrawal of compensation with the Reference Court / Executing Court within a week from today. III.
Upon receiving such application for withdrawal of compensation from the applicant/claimant, the Reference Court / Executing Court shall decide the same on its own merits in the light of the orders passed by this Court regarding withdrawal of compensation in various civil applications as a guiding factor.
IV.
The Reference Court / Executing Court shall not reject the application for withdrawal of compensation only because the appeal is sub-judice before this Court. V.
After receiving such application for withdrawal of compensation, the Executing Court shall decide the same thereafter, within a week after giving an opportunity of being heard to both the sides. VI.
The application is accordingly disposed of in view of above directions.
[ SHRIKANT D. KULKARNI, J. ] nga