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Bombay High CourtCA/7016/2024admittedallowedgrantedrule absolute

Ganesh Chaganrao Solankar Dead Thr. Lrs Sunita And ORS v. The State Of Maharashtra And ANR

2024-09-13Hon'Ble Shri Justice R. G. Avachat,Hon'Ble Shri Justice Neeraj P. Dhote2 pages

2024:BHC-AUG:23432-DB 941-CA-7016-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7016 OF 2024 IN FIRST APPEAL NO. 2787 OF 2023 Ganesh Chaganrao Solankar (Dead) Through L.Rs. Sunita and Others ..APPLICANTS

VERSUS

State of Maharashtra and Another ..RESPONDENTS ....

Mr. A.B. Kale, Advocate for applicants Ms. U.S. Bhosle, A.G.P. for respondent no.1 - State Mr. S.V. Deshmukh, Advocate for respondent no.2 ....

CORAM : R.G. AVACHAT AND NEERAJ P. DHOTE, JJ DATE : 13th SEPTEMBER, 2024 PER COURT :

1.

It is brought to our notice that learned reference Court has corrected the operative order dated 20th August, 2022 passed in L.A.R. No. 194 of 2013, wherein the date 20th October, 2012 is corrected as 23rd December, 2010.

2.

In view of above, the acquiring body shall deposit the amount of compensation from the corrected date i.e. 23rd December, 2010. 3.

This Court, vide order dated 14th February, 2023 has granted stay to the judgment of reference Court subject to deposit of 70% of the compensation amount with interest which was to be deposited by 15th March, 1 / 2

941-CA-7016-24.odt 2023. Admittedly, the acquiring body has deposited the said amount on 19th August, 2023 by calculating the amount with interest till 31st December, 2023.

4.

In view of above, we direct the acquiring body to deposit the interest amount from 01st January, 2023 to 21st August, 2023. The said amount be deposited within a period of six month. Civil application stands disposed of accordingly.

( NEERAJ P. DHOTE, J. ) ( R.G. AVACHAT, J. ) SSD 2 / 2