Jagannath Manmath Rodge v. The State Of Maharashtra Through The Collector, Osmanabad And Others

2024:BHC-AUG:21176 ( 1 ) [ca7909.22]

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1075 CIVIL APPLICATION NO. 7909 OF 2022 IN FAST/2607/2020 MAHADEO RAM BIRAJDAR (DIED) THR LRS SHARADABAI AND ORS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, OSMANABAD AND OTHERS CIVIL APPLICATION NO. 7907 OF 2022 IN FAST/2604/2020 SHIVRAJ PANDHARI SHETE

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, OSMANABAD AND OTHERS CIVIL APPLICATION NO. 7914 OF 2022 IN FAST/2085/2020 PARVATIBAI VISHWANATH RODGE (DIED) THR LRS. ARE ALREADY ON RECORD RAMLING AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, OSMANABAD AND OTHERS CIVIL APPLICATION NO. 7912 OF 2022 IN FAST/2614/2020 JAGANNATH MANMATH RODGE

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, OSMANABAD AND OTHERS CIVIL APPLICATION NO. 7905 OF 2022 IN FAST/2598/2020 VISHWANATH DAGADU SHETE

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, OSMANABAD AND OTHERS CIVIL APPLICATION NO. 7906 OF 2022 IN FAST/2601/2020 RAMLING DAGADU SHETE

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, OSMANABAD AND OTHERS Mr.R.P. Adgaonkar, Advocate for the applicants. Mr.V.S. Badakh, AGP for the respondent-State. Mr.U.P. Giri, Advocate for respondent No.2.

CORAM

: KISHORE C. SANT, J.

DATE : 05.09.2024

( 2 ) [ca7909.22] PC :- 01.

All these applications are filed by the original claimantsrespondents in the appeal for withdrawal of the amount of compensation deposited in this Court by the appellant. The Special Land Acquisition Officer had granted rate of Rs.550/- per R, which is enhanced to Rs.3000/- and Rs.6000/- per R respectively for dry and irrigated land. This Court finds that the enhancement cannot be said to be at exorbitant rate. Interest of justice will be met by allowing the applicants to withdraw some amount with condition. Hence, following order :- (i) The applicants are permitted to withdraw 50% of the deposited amount along with accrued interest on furnishing usual undertaking.

(ii) Further 25% amount is permitted to be withdrawn along with accrued interest on furnishing solvent security/security to the satisfaction of the learned Registrar (Judicial) of this Court.

(iii) Remaining amount of 25% shall be invested in the fixed deposit of any nationalized bank to be renewed periodically till disposal of the appeal.

(iv) The civil application is accordingly allowed and is disposed off.

[KISHORE C. SANT, J.] snk/2024/sep24/ca7909.22