Machhindra Maruti Munde And ANR v. The State Of Maharashtra And ANR

10119.22CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 46 CIVIL APPLICATION NO.10119 OF 2022 IN FIRST APPEAL STAMP NO.6213 OF 2021 ...

MACHHINDRA MARUTI MUNDE & ANOTHER

VERSUS

THE STATE OF MAHARASHTRA & ANOTHER ...

Advocate for applicants : Mr.S.R.Kedar AGP for respondent-State : Mrs.D.S.Jape ...

CORAM : S.G.DIGE, J.

DATE : 18.07.2022 P.C. :

1] Heard the learned counsel for the applicants and the learned AGP for the respondent-State. 2] The learned counsel for the applicants submits that the respondents have challenged the impugned judgment and award of the learned Reference Court and has deposited the entire amount before this Court. The applicants are the poor agriculturists. The compensation of their agricultural land are taken away in the year 1996. Yet they have not received compensation amount. They have no other source of income. They are facing financial crisis for

10119.22CA day to day activities, hence, the applicants be permitted to withdraw the entire deposited amount.

3] I have heard both the learned counsel. The lands of the applicants are acquired in the year 1996. They have not received compensation amount. They are poor farmers. They have no source of income. They are facing financial crisis for day to day activities. Considering these facts, I pass the following order :-

ORDER

i] The application is allowed. The applicants are permitted to withdraw 50% amount with accrued interest, out of the deposited amount, by giving undertaking. The applicants are permitted to withdraw 25% amount with accrued interest out of deposited amount by furnishing solvent surety. The remaining 25% amount shall deposit in Fixed Deposit.

ii] Civil Application is disposed of accordingly. [S.G.DIGE] JUDGE DDC