Vitthal Shivaji Roman v. The State Of Maharashtra Through Collector, Osmanabad And ANR

(1) 942 CA-5864.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 942 CIVIL APPLICATION NO.5864 OF 2023 IN FA/970/2021 VITTHAL SHIVAJI ROMAN

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR, OSMANABAD AND ANOTHER ...

Mr. Santosh Patne, Advocate for the applicant. Mr. B.V. Virdhe, A.G.P. for Respondent - State. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

3rd May 2023.

ORDER:- 1.

Heard rival submissions.

2.

The applicant is seeking withdrawal of the entire amount of compensation, which has been deposited by the Acquiring Body alongwith the interest accrued thereon.

3.

The learned A.G.P for the State Acquiring Body opposed the application on the ground that the Reference Court has granted exorbitant amount of compensation, which is 10 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 four times, the applicant is permitted to withdraw 50% of the deposited amount of compensation alongwith the

(2) 942 CA-5864.2023.odt proportionate interest accrued thereon till date on usual undertaking to the satisfaction of the Registrar (Judicial) of this court.

5.

The remaining amount be kept in FDR in any nationalized Bank on yearly renewal basis till final disposal of this appeal.

6.

The civil application is accordingly disposed of. (SANDIPKUMAR C. MORE, J.) vd_dhirde