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Bombay High CourtCA/6667/2024admittedallowedgrantedrule absolute

Shivaji Dina Gote v. Maharashtra Krushna Valley Development Corporation

2024-07-09Hon'Ble Shri Justice Kishore C. Sant2 pages

24ca6667.24 withdraw

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 24 CIVIL APPLICATION NO. 6667 OF 2024 IN FA/2021/2023 SHIVAJI DINA GOTE

VERSUS

MAHARASHTRA KRUSHNA VALLEY DEVELOPMENT CORPORATION ...

Advocate for Applicant : Mr. Vanita Haribhau Sangole Jaitmal Advocate for Respondent No.1 : Mr. A.M. Gaikwad AGP for Respondents/State : Mr. G.O. Wattamwar ...

CORAM : KISHORE C. SANT, J.

DATE : 09 JULY, 2024.

PER COURT :

1.

Heard the parties.

2.

The application is for withdrawal of the amount deposited by the Acquiring Body in this Court. 3.

Learned Advocate for respondent No.1 Mr. Gaikwad vehemently argued that the compensation rate awarded is only @ 310 per R by the SLAO, which is enhanced to Rs. 1770/- per

24ca6667.24 withdraw R by the Reference Court.

4.

Looking to the fact that the award is of the year 2005 and even the amount enhanced is meager amount of compensation and prays for 100% of the withdrawal. 5.

After hearing the parties, this Court is inclined to pass following order :

ORDER

a) The application is allowed and disposed off.

b) The applicant is allowed to withdraw 75% of the amount alongwith accrued interest deposited by the Acquiring Body in the office of this Court on usual undertaking.

c) The balance amount be invested in fixed deposit in any Nationalized Bank to be renewed from time to time till the final disposal of the appeal.

( KISHORE C. SANT ) JUDGE mahajansb/