Jaiwanta Vithoba More Died His Lrs Prayagbai (Died) Thr Lrs Uttambai Subhash More v. The State Of Maharashtra Thr The Collector, Osmanabad And ORS

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 22 CIVIL APPLICATION NO.7559 OF 2020 IN FA/2657/2019 Rama @ Ramrao s/o Appa @ Apparao More Applicants

Versus

The State of Maharashtra & others Respondents WITH CIVIL APPLICATION NO.7563 OF 2020 IN FIRST APPEAL NO.2659 OF 2019 Prabhakar s/o Hanmant Patne, died through L.Rs Applicants

Versus

The State of Maharashtra & others Respondents WITH CIVIL APPLICATION NO.7561 OF 2020 IN FIRST APPEAL ST.NO.38690 OF 2017 Jaiwanta s/o Vithoba More Applicant

Versus

The State of Maharashtra & others Respondents WITH CIVIL APPLICATION NO.7562 OF 2020 IN FIRST APPEAL NO.2658 OF 2019 Shivnagaya @ Vishwanath Gundayya Applicant

Versus

The State of Maharashtra & others Respondents WITH CIVIL APPLICATION NO.7564 OF 2020 IN FIRST APPEAL ST. NO.38245 OF 2017

{2} Ram s/o Maruti More & another Applicants

Versus

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

Mr.A.A.Jagatkar, AGP for Respondents No.1 & 2. Mr.S.G.Karlekar and Mr.B.R.Surwase, advocates for Respondent No.3. CORAM : V.K.JADHAV, J.

DATE : 25th November, 2020.

PC :

Heard both sides.

It appears that the date of awards is dated 20th & 30th September, 2016. The S.L.A.O. has awarded compensation @ ranging between Rs.275/- and Rs.355/- per Are, whereas the Civil Court has granted enhanced compensation @ Rs.3,333/- per Are for Bagayat land and Rs.1,667/- per Are for Jirayat land.

3.

Thus, considering the same, the applicants-original 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

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

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