Sadhu Irappa Pitale v. State Of Maharashtra, Through District Collector, Latur And ORS

(1) 921 CA-8842.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 921 CIVIL APPLICATION NO.8842 OF 2023 IN FA/1361/2019 WITH CA/8845/2023 IN FA/1360/2019 SADHU IRAPPA PITALE

VERSUS

STATE OF MAHARASHTRA, THROUGH DISTRICT COLLECTOR, LATUR AND OTHERS ...

Mr. S.V. Natu, Advocate for the applicant.

Mr. B.V. Virdhe, A.G.P. for respondent No.1.

Mr. S.G. Sangle, Advocate for respondent Nos.2 and 3. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

20.07.2023.

ORDER:- 1.

Heard rival submissions.

2.

The respective applicants are seeking withdrawal of their amounts of compensation alongwith the interest accrued thereon, which have been deposited by the Acquiring Body. 3.

The learned counsel for the Acquiring Body strongly opposed the applications on the ground that the Reference Court has granted exorbitant amount of compensation, which is almost ten times of the amount granted by SLAO. 4.

However, the learned Counsel for the applicants submits that the award passed in respect of adjacent land of the applicants is not challenged by the Acquiring Body and the

(2) 921 CA-8842.2023.odt lands of applicants have fetched lessor amount of compensation since they are just out of the municipal limits. In view of the same, the present applicants are permitted to withdraw 75% of their respective compensation amounts alongwith the proportionate interest accrued thereon till date, on usual undertaking to the satisfaction of the Registrar (Judicial) of this court. The remaining amounts be invested in F.D.R. in any Nationalized Bank on yearly renewal basis till disposal of these appeals.

5.

The civil applications are accordingly disposed of. (SANDIPKUMAR C. MORE, J.) vd_dhirde