Vithabai Venunath Khawle v. The State Of Maharashtra Thr The Special Land Acquisition Officer, Krushna Khore, Aurangabad And An

1 930 CA-8363-18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 930 CIVIL APPLICATION NO. 8363 OF 2018 IN FA/743/2017 VENUBAI BABURAO SATHE (DIED), L.R.S. NAMDEO AND ANR

VERSUS

THE STATE OF MAHARASHTRA THR THE SPECIAL LAND ACQUISITION OFFICER, KRUSHNA KHORE, ...

Advocate for Applicants : Mr. Vitthal B. Wayal AGP for respondents: Mr. A.M. Phule ...

WITH CA/8364/2018 IN FA/744/2017 WITH CA/8365/2018 IN FA/740/2017 WITH CA/8366/2018 IN FA/742/2017 WITH CA/8368/2018 IN FA/741/2017 CORAM : K.K. SONAWANE, J.

DATED : 4th JULY, 2018.

Order :- 1.

Heard learned counsel for the applicants and learned AGP for respondent State of Maharashtra. Perused the applications. 2.

The present applications are filed seeking permission to withdraw the amount of compensation deposited in this court under Land Acquisition Proceeding. Admittedly, lands of the applicants came to be acquired by the respondent for public purpose. The Reference Court has considered the entire facts and circumstances and partly allowed the reference petition. Pursuant to the order of the Reference Court the respondent Acquiring Body has deposited the entire decreetal amount in the appeals.

3.

Considering the nature of subject matter, there is no impediment to allow the applicants to withdraw the amount subject to compliance of certain terms and conditions.

4.

Accordingly, the application stands allowed. The applicants are permitted to withdraw 50% of the amount on furnishing an undertaking

2 930 CA-8363-18 to the effect that in case adverse situation arises in the appeals, the applicants will refund the amount so withdrawn forthwith as per the directions of this Court. Rest of the 50% amount be allowed to be withdrawn on furnishing solvent security/surety of the like amount to the satisfaction of the Registrar (Judicial) of this Court. Registry to do the needful for disbursement of amount as referred supra, in favour of the applicants.

5.

Applications for withdrawal of amount stand disposed of accordingly.

[ K. K. SONAWANE ] JUDGE MTK.