Madhav Rama Shinde v. The Executive Engineer Latur Medium Project Dept Latur And ORS

2025:BHC-AUG:13850 5296.25ca (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 943 CIVIL APPLICATION NO. 5296 OF 2025 IN FAST/9551/2023 MADHAV RAMA SHINDE

VERSUS

THE EXECUTIVE ENGINEER LATUR MEDIUM PROJECT DEPT LATUR AND ORS ....

Mr S. B. Gastgar, Advocate for applicant Mr S. C. Arora, Advocate for respondent No.1 Ms D. S. Jape, A.G.P. for respondent No.2/State CORAM : PRAFULLA S. KHUBALKAR, J.

DATE : 6th May, 2025 PER COURT:

1.

Heard.

2.

This is an application seeking withdrawal of amount deposited by the appellant in this Court along with accrued interest pursuant to the impugned judgment and order passed by the learned Reference Court under Section 18 of the Land Acquisition Act. The applicant is the original claimant, whose land is acquired by the respondents. It is submitted that, in similar such matters, the acquiring body has compromised the case and those land owners have got their respective amounts.

5296.25ca (2) 3.

Considering that the applicant/original claimant has lost his valuable land and amount is deposited towards compensation in this Court, the application needs to be allowed in the interest of justice on certain conditions. Hence, the following order :

ORDER

The applicant is allowed to withdraw 50% of the deposited amount along with accrued interest by the Acquiring Body in this Court on furnishing an undertaking that in case, the appeal is allowed, he shall redeposit the amount with interest in this Court within twelve weeks thereafter. Further 25% of the amount shall be allowed to be withdrawn to the applicant on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court. Remaining amount be invested in fixed deposit in any Nationalized Bank and be kept till disposal of the appeal.

4.

The application stands allowed and disposed of. (PRAFULLA S. KHUBALKAR, J.) sjk