Vitthal Sadashiv Gaikwad And ANR v. The State Of Maharashtra And ANR

1 CA 7605/18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 936 CIVIL APPLICATION NO. 7605 OF 2018 IN FA/1990/2017 VITTHAL SADASHIV GAIKWAD AND ANR

VERSUS

THE STATE OF MAHARASHTRA AND ANR ...

Advocate for Applicant : Mr. D.A. Bide, holding for Mr. Wayal Vitthal B.

AGP for Respondents/State : Ms. S.S. Raut ...

CORAM : K.K. SONAWANE, J.

DATE : 22nd JUNE, 2018 PER COURT :

Heard learned counsel for the applicant, learned counsel for the respondents-Acquiring Body as well as learned A.G.P. for the respondents-State. Perused the application.

2.

This matter pertains to the compensation under the Land Acquisition Act, 1894. The respondentAcquiring Body has deposited the compensation amount in this Court pursuant to the Award passed by the learned Reference Court filed under Section 18 of the Land Acquisition Act.

2 CA 7605/18 3.

In view of the nature of subject-matter, it is not in dispute that the land of the applicant has already been acquired by the respondent-State of Maharashtra. Therefore, I do not find any impediment to allow the applicant-original claimant to withdraw the compensation amount on certain terms and conditions to protect the interest of respondentAcquiring Body. 4.

Accordingly, the application stands allowed.

The applicant is permitted to withdraw 50% of the amount on furnishing an undertaking to the satisfaction of the Registrar [Judicial] of this Court, to the effect that in case adverse situation arises in the appeal, the applicant will refund the amount so withdrawn forthwith as per the directions of this Court. Rest of the 50% amount be allowed to be withdrawn on furnishing solvent security/surety of the like amount. Registry to do the needful for disbursement of amount as referred supra, in favour of the applicant. Application for withdrawal of amount stands disposed of accordingly.m ( K.K. SONAWANE, J. ) SRM/22/6/18