Vishnu Gulabrao Borade And Another v. The State Of Maharashtra And ORS

1 918CA4730.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

918 CIVIL APPLICATION NO. 4730 OF 2025 IN FA/3271/2018 Vishnu Gulabrao Borade And Another

VERSUS

The State Of Maharashtra And Ors ...

Mr. Bhise Vitthal Dnyanoba, Advocate for Applicant Mr. R. B. Dhaware, AGP for State Mr. B.R. Surwase - Advocate for Respondent No.1 ...

CORAM : NEERAJ P. DHOTE, J.

DATED : 25TH APRIL 2025 PER COURT : - 1.

This Application is filed in the First Appeal, which has been disposed off as withdrawn in the Lokadalat held on 08th September, 2018. 2.

The Original Claimants have filed this Application seeking withdrawal of the remaining 20% amount, which was deposited by the Acquiring Body in this Court. The Appeal was filed by the Acquiring Body against the Judgment and Award passed by the learned Reference Court in L.A. Proceedings.

3.

It is submitted by the learned Advocate for the Acquiring Body that since the enhancement made by the learned Reference Court was upto four (4) times of the amount of compensation awarded by the SG Punde

2 918CA4730.2025.odt Special Land Acquisition Officer, the Acquiring Body withdrew the Appeal before the Lokadalat.

4.

The Applicants have already withdrawn 80% amount, which was deposited by the Acquiring Body as per order dated 10th August, 2016 passed in Civil Application No. 11002 of 2016 in First Appeal [St] No. 29146 of 2015. Now the remaining 20% amount is sought to be withdrawn.

5.

The learned Advocate for the Acquiring Body submits that the Application be allowed.

6.

In the facts and circumstances of the case, the Application is allowed in terms of prayer clause 'B' of the same. 7.

The office of Registrar (Judicial) shall ascertain identity of the Applicants at the time of withdrawal of the amount. 8.

Application stands disposed off accordingly.

[NEERAJ P. DHOTE] JUDGE Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 28/04/2025 17:13:13 SG Punde