Bhanudas Kisan Tayde (Died) Thr Lrs. Narmadabai Bhanudas Tayde And Others v. The State Of Maharashtra Thr The S.L.A.O., Aurangabad

(1) 926-948

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.7675 OF 2023 IN FAST/14290/2022 BHANUDAS KISAN TAYDE (DIED) THR LRS. NARMADABAI BHANUDAS TAYDE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THR THE S.L.A.O., AURANGABAD AND CIVIL APPLICATION NO.8669 OF 2023 IN FA/3358/2022 PANDURANG BHAURAO KARHALE

VERSUS

THE STATE OF MAHARASHTRA, THR THE COLLECTOR, AURANGABAD AND ORS ...

Mr. L. C. Patil, Advocate for the Applicants. Mrs. P. V. Diggikar and Mr. P. M. Kulkarni, AGP for Respondents-State.

Mr. S. G. Bhalerao, Advocate for Respondent No.2. ...

CORAM : S. G. CHAPALGAONKAR, J.

DATE : 14th JULY, 2023.

PER COURT:- 1.

By these applications, the applicants seek permission to withdraw the amount deposited by respondent-acquiring body in pursuance of the order passed on applications for stay. 2.

Mr. Patil, learned Advocate appearing for the applicants submits that the acquiring body has satisfied some of the Awards arising out of the same acquisition wherein almost similar

(2) 926-948 rate was granted by the Reference Court. He submits that in the present case, meager amount is granted to the applicants. 3.

Mr. Bhalerao, learned Advocate appearing for the respondents opposes the applications.

4.

However, considering the submissions advanced and the fact that there is marginal enhancement of compensation, the applications deserve to be allowed. Hence, the following order:-

ORDER

a.

Civil applications are allowed.

b.

The applicants are permitted to withdraw the entire amount deposited by the respondents alongwith proportionate interest accrued thereon till date subject to furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court.

5.

Civil Applications are disposed of.

(S. G. CHAPALGAONKAR) JUDGE Devendra/July-2023