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Bombay High CourtCA/6130/2024admittedallowedgrantedrule absolute

Sanjay S/O Raghunath Dongre v. The Special Land Acquisition Officer

2024-07-02Hon'Ble Shri Justice Kishore C. Sant2 pages

2024:BHC-AUG:12960 (1) 15ca6130.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 15 CIVIL APPLICATION NO. 6130 OF 2024 IN FAST/34208/2022 SANJAY S/O RAGHUNATH DONGRE ....Applicant

VERSUS

THE SPECIAL LAND ACQUISITION OFFICER .....Respondent Mr. R. V. Gore, Advocate for the applicant Mr. S. C. Arora, Advocate for respondent No.1 Mrs. M. S. Sangit, AGP for the respondents/State CORAM :

KISHORE C. SANT, J.

DATE :

02nd JULY, 2024 P. C.

1.

Heard.

2.

The application is vehemently opposed by the learned advocate for the appellant-acquiring body. He submits that SLAO has already granted an amount of Rs.1710/- per R whereas same is enhanced to Rs.44100/- per R by the learned Reference Court. He further submits that there is no sufficient evidence on record. He submits that the land in fact is irrigated

(2) 15ca6130.24 land. He submits that amount is enhanced exorbitantly and in any case the applicant was not entitled to get this rate. 3.

However, considering that in similar matters this court has already passed an order allowing the applicants to withdraw 50% of the amount on certain condition. Hence, following order:

ORDER

a] The application stands allowed.

b] The applicant is permitted to withdraw 25% of the amount deposited alongwith accrued interest on giving usual undertaking. Further 25% of the amount is allowed to be withdrawn by furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this court. Remaining amount be kept in fixed deposit in any nationalized bank pending the appeal.

C] With this, application stands disposed off.

[KISHORE C. SANT, J.] VishalK/15ca6130.24