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Bombay High CourtCA/7493/2020disposed off

Prabhakant Mahipatrao Godase v. The State Of Maharashtra And ORS

2020-11-25Hon'Ble Shri Justice V.K. Jadhav2 pages

{1} ca749320.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.7493 OF 2020 IN FIRST APPEAL ST.NO.17697 OF 2019 Prabhakant s/o Mahipatrao Godse Applicant

Versus

The State of Maharashtra & others Respondents Mr.S.S.Wakure, advocate for the applicant.

Mr.P.M.Kulkarni, AGP for Respondents No.1 & 3. Mr.R.C.Patil, advocate for Respondent No.2.

CORAM : V.K.JADHAV, J.

DATE : 25th November, 2020.

PC :

Heard both sides.

It appears that the date of award is 12th February, 2016. The S.L.A.O. has awarded compensation @ Rs.58,500/- per hectare, whereas the Civil Court has granted enhanced compensation @ Rs.5332/- per Are for Bagayat land.

Thus, considering the same, the applicantoriginal claimant in this civil application is permitted to withdraw the compensation amount partly with certain

{2} ca749320.odt conditions. Hence, the following order:-

O R D E R

I.

The civil application is partly allowed.

II.

The applicant-original claimant is 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/surety to the satisfaction of Registrar (Judicial) of this Court. III.

Civil application is accordingly disposed of. (V.K.JADHAV) JUDGE adb