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Bombay High CourtCA/8382/2023admittedallowedgrantedrule absolute

Vishnu Ahilaji Golhare v. The District Collector Aurangabad Through The Special Land Acquisition Officer J.P.1 And ORS

2023-07-12Hon'Ble Shri Justice Sandipkumar C. More3 pages

1 951, 952, 953, 955 & 956 ca 8382-23+

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 951 CIVIL APPLICATION NO.8382 OF 2023 IN FAST/13229/2023 WITH CA/5603/2023 IN FAST/13229/2023 WITH CA/5604/2023 IN FAST/13229/2023 VISHNU AHILAJI GOLHARE

VERSUS

THE DISTRICT COLLECTOR AURANGABAD THROUGH THE SPECIALLAND ACQUISITION OFFICER J.P.1 AND ORS ...

Advocate for Applicant : Mr. L. C. Patil AGP for Respondent No.1: Mr. B. V. Virdhe Advocate for Respondent No.2 & 4 : Mr. S. G. Bhalerao ...

AND 952 CIVIL APPLICATION NO.8383 OF 2023 IN FAST/13226/2023 WITH CA/5591/2023 IN FAST/13226/2023 WITH CA/5592/2023 IN FAST/13226/2023 SHANKAR AHILAJI GOLHARE

VERSUS

THE DISTRICT COLLECTOR THROUGH THE SPECIAL LAND ACQUISITION OFFICER JAIKWADI PROJECT AND ANR ...

Advocate for Applicant : Mr. L. C. Patil AGP for Respondent No.1: Mr. S. P. Tiwari Advocate for Respondent No.2 : Mr. S. G. Bhalerao ...

AND 953 CIVIL APPLICATION NO.8384 OF 2023 IN FAST/13551/2023 WITH CA/5618/2023 IN FAST/13551/2023 WITH CA/5619/2023 IN FAST/13551/2023 AMBADAS AHILAJI GOLHARE

VERSUS

THE DISTRICT COLLECTOR THROUGH THE LAND ACQUISITION OFFICER JAIKWADI PROJECT AURANGABAD AND ANR ...

Advocate for Applicant : Mr. L. C. Patil AGP for Respondent No.1: Mr. S. N. Kendre Advocate for Respondent No.2 : Mr. S. G. Bhalerao ...

2 951, 952, 953, 955 & 956 ca 8382-23+ AND 955 CIVIL APPLICATION NO.8386 OF 2023 IN FAST/13479/2023 WITH CA/5605/2023 IN FAST/13479/2023 WITH CA/5606/2023 IN FAST/13479/2023 SUNIL GOVARDHAN KABRA

VERSUS

THE DISTRICT COLLECTOR AURANABAD THROUGH THE SPECIAL LAND ACQUISITION OFFICER J.P.1 AND ORS ...

Advocate for Applicant : Mr. L. C. Patil AGP for Respondent -State: Mr. S. P. Tiwari Advocate for Respondent No.1 : Mr. S. G. Bhalerao ...

AND 956 CIVIL APPLICATION NO.8403 OF 2023 IN FAST/13575/2023 WITH CA/5620/2023 IN FAST/13575/2023 WITH CA/5621/2023 IN FAST/13575/2023 SAW. SWATI RAJENDRA MALPANI AND ANR

VERSUS

THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION NO.1AND ORS ...

Advocate for Applicant : Mr. L. C. Patil AGP for Respondent -State: Mr. B. V. Virdhe Advocate for Respondent No.1 : Mr. S. G. Bhalerao ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 12/07/2023.

P. C. :

A) ORDER IN CIVIL APPLICATIONS FOR WITHDRAWAL :

1.

Heard rival submissions.

2.

The respective applicants are seeking withdrawal of the entire amounts of compensation, which have been deposited by the acquiring body alongwith the interest accrued thereon. 3.

The learned counsel for the acquiring body strongly opposed the application on the ground that reference court has granted more

3 951, 952, 953, 955 & 956 ca 8382-23+ than 5 times compensation as that of SLAO. In view of the same, the applicants are permitted to withdraw 75% of the deposited amounts of compensation alongwith the proportionate interest accrued thereon till date on usual undertaking to the satisfaction of the Registrar (Judicial) of this court.

4.

The remaining amounts be kept in FDR in any nationalized Bank on year renewal basis till disposal of these appeals. 5.

The civil applications are accordingly disposed of. B) ORDER IN CIVIL APPLICATIONS FOR DELAY CONDONATION :

1.

The appellant - acquiring body is seeking condonation of delay periods in all these applications, which appear to be caused due to obtaining sanctions at various stages. There is no strong objection from other side and therefore the delay periods in all these applications stand condoned.

2.

The appeals be placed for admission after removal of offce objections, if any.

3.

Applications are accordingly disposed of.

C) ORDER IN CIVIL APPLICATIONS FOR STAY:

Since the appellant - acquiring body has deposited entire amounts of compensation as directed by this court in all these applications, the same are made absolute in terms of prayer clauseB and disposed of. ( SANDIPKUMAR C. MORE, J. ) VS Maind/-