Maharashtra State Industrial Development Corporation, Latur v. Mathurabai Indrabhan Nathbone And Another

{1} CIVIL APPLICATION NO.3723 OF 2015 IN FIRST APPEAL ST.NO.19028 OF 2013 Muktabai Indrabhan Nathbone Applicant Maharashtra Industrial Development Corporation, through its Divisional Officer, Latur & another Mr.S.V.Natu, advocate for the applicant.

Mr.S.B.Bhosale, advocate for Respondent No.1. Mr.K.J.Ghute Patil, A.G.P. for Respondent No.2. This is an application seeking withdrawal of the amount deposited by the appellant - acquiring body - MIDC, Latur, in this Court.

The Land Acquisition Officer awarded compensation @ Rs.255/- per are, which has been enhanced by the Civil Judge, Senior Division, Latur, to the extent of Rs.12,000/- per are. Considering the facts and circumstances of the case, we deem it appropriate to permit the applicant / claimant to withdraw 50% of the amount out of the deposited amount by the acquiring body, in this Court. The applicant would be permitted to withdraw 25% of the amount, out of the total amount deposited by

{2} the acquiring body in this Court on applicant's furnishing an undertaking that in the event of success of the appeal, should would redeposit the amount in this Court within a period of twelve weeks from such decision.

The applicant would be permitted to withdraw 25% of the total amount deposited in this Court on furnishing solvent surety in the like amount. The balance amount shall be invested in Fixed Deposit, initially for a period of three years and it shall be renewed thereafter for a period until disposal of the appeal. Civil Application stands disposed of.

{3} CIVIL APPLICATION NO.12124 OF 2013 IN FIRST APPEAL ST.NO.19028 OF 2013 IN LAND ACQUISITION REFERENCE NO.614 OF 1999 Maharashtra State Industrial Development Corporation, through Regional Manager, Division Office, Latur.

Applicant Mathurabai w/o Indrabhan Nathbone and another Mr.S.B.Bhosale, advocate for the applicant.

Mr.S.V.Natu, advocate for Respondent No.1.

Mr.K.J.Ghute Patil, A.G.P. for Respondent No.2. This is an application seeking condonation of delay of 24 days occurred in presenting the appeal.

Heard. For the reasons stated in the application, application deserves to be allowed and same is accordingly allowed. Delay occurred in presenting the appeal stands condoned. Civil Application stands disposed of.

{4} FIRST APPEAL ST.NO.19028 OF 2013 IN LAND ACQUISITION REFERENCE NO.614 OF 1999 Maharashtra State Industrial Development Corporation, through Regional Manager, Division Office, Latur.

Appellant Mathurabai w/o Indrabhan Nathbone and another Mr.S.B.Bhosale, advocate for the appellant.

Mr.S.V.Natu, advocate for Respondent No.1.

Mr.K.J.Ghute Patil, A.G.P. for Respondent No.2. Heard learned Counsel for respective parties. Appeal is admitted.

Mr.S.V.Natu, advocate waives notice for Respondent No.1-claimant. Learned A.G.P. Mr.K.J.Ghute Patil waives notice for Respondent No.2-State.