Sarubai Saybanna Sutar (Dead) Thr Lrs Maruti Saybanna Sutar v. The State Of Maharashtra Through The Collector, Osmanabad And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.10021 OF 2021 IN FIRST APPEAL ST. NO.12057 OF 2018 Sarubai Saybanna Sutar, Died L.R.

Maruti Saybanna Sutar ... APPLICANT

VERSUS

The State of Maharashtra & ors.

... RESPONDENTS .......

Ms L.R. Thakur, Advocate holding for Mr. L.C. Patil, Advocate for applicant Mr. B.V. Virdhe, A.G.P. for respondents No.1 and 2 Mrs. Sunita D. Shelke, Advocate for respondent No.3. .......

CORAM :

R. G. AVACHAT, J.

DATE :

24th September, 2021 PER COURT :

Heard learned counsel for the parties. Perused the impugned award. Learned counsel for the acquiring body states that, the increase is not less than 10 times of the amount offered by the Special Land Acquisition Officer. The interest has also been awarded in breach of Full Bench judgment of this Court in the case of State of Maharashtra Vs. Kailash Shiva Rangari [ 2016(3) Mh.L.J. 457 ]. In view of the same, the applicant is permitted to withdraw 75% of the amount in deposit. 50% of the amount be paid on furnishing usual undertaking and 25% of the amount be paid on furnishing solvent security/ surety. Civil Application is disposed of.

( R. G. AVACHAT ) JUDGE fmp/-