Shankar Tukaram Abhange (Died) Thr Lrs Rukminbai And ORS v. The State Of Maharashtra And ANR

C.A.No.9283/2018 (( 1 ))

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO.9283 OF 2018 IN FIRST APPEAL NO.937 OF 2009 Shankar s/o Tukaram Abhange, Died L.Rs.

Smt. Rukminbai w/o Shankar Abhange, Died L.Rs. Namdeo s/o Shankar Abhange and others ...

APPLICANTS

VERSUS

The State of Maharashtra and another ...

RESPONDENTS .....

Shri D.R. Jaybhar, Advocate holding for Shri L.S. Shaikh, Advocate for applicants Shri S.P. Deshmukh, A.G.P. for State .....

CORAM:

A.M. DHAVALE, J.

DATED :

30th July, 2018.

ORAL ORDER :

1.

Heard learned Advocate for the applicants (original respondents) and learned A.G.P. for State. None present for the acquiring body.

2.

By notification under Section 6, dated 4.8.1984, dry land of 45 R of the applicants was acquired. The Reference Court has awarded compensation @ Rs.15,000/- per acre. The

C.A.No.9283/2018 (( 2 )) acquiring body has preferred Appeal. Learned Advocate for the applicants submits that, the appeal arising out of the acquisition under the same notification and same award has been dismissed by this Court on 27.7.2017. Considering the facts, the application for withdrawal of amount is allowed. The applicants are permitted to withdraw 50% of the amount on undertaking and 50% of the amount on furnishing solvent surety to the satisfaction of the Registrar. Civil Application stands disposed of. ( A.M. DHAVALE ) JUDGE fmp/