Babu S/O Manikrao Sonawane v. The State Of Maharashtra And ORS

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 17 CIVIL APPLICATION NO. 7518 OF 2024 IN FAST/24476/2023 BABU S/O MANIKRAO SONAWANE

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Applicant : Mr. Rodge Suresh N.

AGP for Respondents/State : Mr.S.K. Shirse Advocate for Respondent : Mr. R.B.Survase ...

CORAM : KISHORE C. SANT, J.

DATE : 29th JULY, 2024.

PER COURT :

1.

Heard the parties.

2.

This application is for withdrawal of the amount of compensation deposited by the appellant Acquiring Body in this Court.

3.

The application is vehemently opposed by the learned Advocate Mr. Survase for respondent. He submits that the enhancement is 7 times more than the amount of the award

passed by the S.L.A.O. He further submits that in this case the compensation is also more and strongly opposed the application.

4.

Considering that the applicants are the original Claimants in the land acquisition proceedings and this amount is towards the compensation, this Court is inclined to pass the following order :

ORDER

a) The Civil Application stands allowed and disposed off.

b) The applicant is allowed to withdraw 50% of the amount deposited in this Court with accrued interest on furnishing usual undertaking.

c) 25% of the amount deposited is allowed to withdraw by furnishing solvent surety/security to the satisfaction of the learned Registrar, (Judicial) of this Court.

d) Remaining 25% of the amount deposited be invested in the fixed deposit in any nationalized bank, to be renewed from time to

time till the final disposal of the appeal.

( KISHORE C. SANT ) JUDGE mahajansb/