Hausabai Shamrao Bhusare v. The State Of Maharashtra Through The Collector, Aurangabad And ORS
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO.7673 OF 2023 IN FAST/14224/2022 HAUSABAI SHAMRAO BHUSARE AND OTHERS
VERSUS
THE EXE. DIRECTOR, THROUGH G.M.I.D.C., AURANGABAD AND ANOTHER ...
Mr. L. C. Patil, Advocate for the Applicants. Mr. P. V. Diggikar, AGP for Respondents-State. Mr. Sudhir G. Bhalerao, Advocate for Respondent Nos.3 and 4. ...
AND CIVIL APPLICATION NO.8014 OF 2023 IN FA/3495/2022 AND CIVIL APPLICATION NO.8015 OF 2023 IN FA/3509/2022 [ AND CIVIL APPLICATION NO.8016 OF 2023 IN FA/3350/2022 AND CIVIL APPLICATION NO.8017 OF 2023 IN FA/3502/2022 AND CIVIL APPLICATION NO.8018 OF 2023 IN FA/3346/2022 AND CIVIL APPLICATION NO.8019 OF 2023 IN FA/3356/2022 AND CIVIL APPLICATION NO.8020 OF 2023 IN FA/3360/2022 AND CIVIL APPLICATION NO.8021 OF 2023 IN FA/3352/2022 AND CIVIL APPLICATION NO.8035 OF 2023 IN FAST/14038/2022
(2) AND CIVIL APPLICATION NO.8050 OF 2023 IN FAST/14295/2022 AND CIVIL APPLICATION NO.8051 OF 2023 IN FAST/14209/2022 AND CIVIL APPLICATION NO.8053 OF 2023 IN FAST/14227/2022 AND CIVIL APPLICATION NO.8054 OF 2023 IN FAST/14151/2022 CORAM : S. G. CHAPALGAONKAR, J.
DATE : 14th JULY, 2023.
PER COURT:- 1.
Heard the learned Advocate appearing for the respective parties.
2.
The applicants are seeking withdrawal of the amount of compensation deposited by the respondent-acquiring body in pending First Appeals.
3.
The learned Advocate appearing for the respondentacquiring body opposes the prayer stating that the Reference Court has granted enhancement in the range of 5 to 9 times as against the rate fixed by the Land Acquisition Officer. 4.
Mr. Patil, learned Advocate appearing for the applicants invites attention of this Court to order passed in Civil Application No.8382/2023 alongwith other connected matters, which are arising out of the same acquisition. It is pointed out that the applicants are permitted to withdraw 75% of the amount deposited by the acquiring body.
(3) 5.
Considering the aforesaid submissions, the applications deserve to be allowed subject to certain conditions:-
ORDER
a.
Civil Applications are allowed.
b.
The applicants are permitted to withdraw 75% of the amount deposited in this Court alongwith the proportionate interest accrued thereon till date subject to furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court.
c.
The balance of the amount is kept in Fixed Deposit in Nationalized Bank with renewal clause.
6.
Civil Applications are disposed of.
(S. G. CHAPALGAONKAR) JUDGE Devendra/July-2023