Baliram S/O Sopan Maske (Died) Thr Lrs Bhanudas And ANR v. Union Of India Thr General Manager, C.R., C.S.T., Mumbai And ORS

1 914CA5333.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

914 CIVIL APPLICATION NO. 5333 OF 2025 IN FA/796/2022 Baliram S/o Sopan Maske (died) Thr Lrs Bhanudas And Anr

VERSUS

Union Of India Thr General Manager, C.r., C.s.t., Mumbai And Ors ...

Mr. Suhas R. Shirsat - Advocate for Applicant Ms Priyanka A. Deshpande i/b Mr. S. S. Deshpande - Advocate for Respondent No. 1 ...

CORAM : NEERAJ P. DHOTE, J.

DATED : 06TH MAY 2025 PER COURT : - 1.

This is an Application by the legal heir of the Original Claimant for withdrawal of the amount deposited by the Acquiring Body with interest accrued thereon.

2.

The Appeal is filed by the Acquiring Body against the Judgment and Award passed by the learned Reference Court enhancing the compensation upto 8 times than the compensation awarded by the Special Land Acquisition Officer.

3.

The learned Advocate for the Applicant submits that this Court in the connected Appeals arising out of the same acquisition has permitted the Claimants therein to withdraw the entire amount along with interest accrued thereon by orders dated 18.08.2023 passed in Civil Application No. 10211 of 2023 in FAST No. 7617 of 2022 with SG Punde

2 914CA5333.2025.odt connected Applications and 24.03.2025 in Civil Application No. 2668 of 2025 in FAST No. 7590 of 2022. He submits that the Applicants are the similarly placed Applicants and the Application be allowed. 4.

Though the Application is opposed by the learned Advocate for the Acquiring Body, she does not dispute that the similarly placed Claimants have been permitted to withdraw the amount deposited by the Acquiring Body along with interest accrued thereon. 5.

The copies of the said orders by which the similarly placed Claimants have been permitted to withdraw the amount with accrued interest thereon are enclosed with this Application and in view of above submissions, the Application is allowed in terms of prayer clause 'B' on the same terms and conditions as mentioned in the aforementioned orders dated 18.08.2023 and 24.03.2025.

6.

The Application stands disposed off accordingly. 7.

The learned Advocate for the Acquiring Body submits that she will bring to the notice of the office of this Court that she has carried out the necessary amendment in the Appeal memo and the note shown by the office in respect of non-compliance.

[NEERAJ P. DHOTE] JUDGE Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 08/05/2025 14:41:10 SG Punde