Motiram Bhaurao Deshmukh And ORS v. The State Of Maharashtra Thr Collector, Latur And ORS

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.6913 OF 2020 IN FIRST APPEAL NO.176 OF 2020 Surekha w/o Jarachand Deshmukh Applicant

Versus

The State of Maharashtra & others Respondents WITH CIVIL APPLICATION NO.6916 OF 2020 IN FIRST APPEAL NO.177 OF 2020 Motiram s/o Bhaurao Deshmukh & others Applicants

Versus

The State of Maharashtra & others Respondents WITH CIVIL APPLICATION NO.6914 OF 2020 IN FIRST APPEAL NO.178 OF 2020 Balasaheb s/o Manohar Deshmukh Applicant

Versus

The State of Maharashtra & others Respondents WITH Mr.L.C.Patil, advocate for the applicants.

Mr.S.N.Morampalle, AGP for Respondents No.1 & 2. Mr.R.D.Biradar, advocate for Respondent No.3.

{2} CORAM : V.K.JADHAV, J.

DATE : 25th November, 2020.

PC :

Heard both sides.

It appears that the date of award is 15th April, 2016. The S.L.A.O. has awarded compensation @ Rs.1,91,000/- and Rs.1,89750/- per hectare, whereas the Civil Court has granted enhanced compensation @ Rs.4,71,900/- per acre.

Thus, considering the same, the applicantsoriginal claimants in these civil applications are permitted to withdraw the compensation amount partly with certain conditions. Hence, the following order:-

O R D E R

I.

The civil applications are partly allowed.

II.

The applicants-original claimants are permitted to withdraw the compensation amount to the extent of 50% out of the amount deposited before this Court on

{3} furnishing an undertaking and further 25% of the amount out of the amount deposited before this Court on furnishing solvent security/surety to the satisfaction of Registrar (Judicial) of this Court. III.

Civil applications are accordingly disposed of. (V.K.JADHAV) JUDGE adb