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Bombay High CourtCA/5074/2015disposed offdismissed for default

Shri Sai Baba Sansthan Trust Shirdi, Ahmednagar v. State Of Maharashtra And Others

2015-08-07Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice V.K. Jadhav2 pages

1 ca 5074.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5074 OF 2015 IN PUBLIC INTEREST LITIGATION NO. 18 OF 2011 Shri Sai Baba Sansthan Trust Shirdi, Ahmednagar .. Applicant

Versus

The State of Maharashtra and others .. Respondents Shri S. R. Choukidar, Advocate for the Applicant. Smt. S. A. Dhumal, A.G.P. for the Respondent No. 1. Shri K. M. Nagarkar, Advocate for Respondent Nos. 18 and 19. CORAM : S. V. GANGAPURWALA AND V. K. JADHAV, JJ.

DATE : 07TH AUGUST, 2015.

PER COURT :

.

The permission is sought to spend/deposit the amount of land acquisition compensation with the Sub Divisional Officer for acquisition of 45418 sq. meters area out of land Sy. No. 124 and 126 situated at Shirdi. It is submitted that, draft award has been passed. Pursuant to the said draft award amount is required to be deposited.

2.

If there is delay in deposit of amount, the applicant will be required to pay interest at the rate of Rs. 15% per annum. Even

2 ca 5074.15 otherwise, the said amount is to be deposited with the Sub Divisional Officer and the same is pursuant to the draft award. 3.

Considering the fact that, if delay is caused, the applicant would be saddled with interest and the applicant is an acquiring body, we permit the applicant to deposit the amount as prayed in prayer clause "B". The civil application is allowed in terms of prayer clause "B". The civil application is disposed of. [ V. K. JADHAV, J. ] [ S. V. GANGAPURWALA, J. ] bsb/Aug. 15