Narayan Naga Tate And ANR v. The State Of Maharashtra Through The Collector Latur And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO.6147 OF 2023 IN FIRST APPEAL NO.773 OF 2022 RAMA TUKARAM TATE ... Applicant
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR LATUR AND ORS.
.
... Respondents ...
WITH CIVIL APPLICATION NO.6146 OF 2023 IN FIRST APPEAL NO.774 OF 2022 SHANTABAI DATTU TATE ... Applicant
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR LATUR AND ORS.
.
... Respondents ...
WITH CIVIL APPLICATION NO.6148 OF 2023 IN FIRST APPEAL NO.772 OF 2022 NARAYAN NAGA TATE AND ANR.
... Applicants
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR LATUR AND ORS.
.
... Respondents ...
Advocate for Applicant/s : Mrs. G. K. Sontakke and P. G. Sontakke AGP for Respondents/State: Mr. A. B. Chate Advocate for Respondent No.3: Mr. R. C. Patil ...
CORAM :S. G. CHAPALGAONKAR, J.
DATE :11.07.2023 1/3
PER COURT :
1. Heard the learned Advocate appearing for the respective parties. 2.
It is submitted on behalf of the applicant/s that the land of the applicants is acquired for Katpur Minor Irrigation Tank, Village Sikandarpur, Taluka and District Latur. The Reference Court has passed the award, thereby granting enhanced compensation. The acquiring body is before this Court in first appeal. 3.
It appears from the reasoning adopted by the Reference Court that the assessment of compensation is based on the sale deeds. That being so, there is no impediment in permitting the applicants to withdraw amount deposited by the acquiring body. 4.
It is submitted that only 50% of the amount of award is deposited by acquiring body in this appeal. In that view of the matter, applicants are permitted to withdraw entire amount deposited in this Court subject to usual undertaking to be furnished to the satisfaction of the Registrar [Judicial] of this Court.
2/3
6.
Accordingly, Civil Applications are disposed of. [S. G. CHAPALGAONKAR, J.] Sameer 3/3