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Bombay High CourtCA/9713/2015admittedallowedgrantedrule absolute

Ganpati Ramchandra Saudagar, L.Rs. Shakuntala And Others v. The State Of Maharashtra And Another

2015-08-14Hon'Ble Shri Justice Nitin W. Sambre1 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO.9713 OF 2015 IN FIRST APPEAL ST.NO.23122 OF 2013 Ganpati Ramchandra Saudagar, died, through L.Rs.

Shakuntala Manikrao and ors.

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Applicants

Versus

The State of Maharashtra through its Collector, Latur and anr.

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Respondents Mr S.V. Gundre, Advocate for applicants Mr G.R. Ingole, A.G.P. for respondent No.1 Mr M.N. Navandar, Advocate for respondent No.2 CORAM : N.W. SAMBRE, J.

DATE : 14th August 2015 PER COURT 1.

In the present case, admittedly, the appellant - acquiring body has deposited the amount to the extent of 50% as ordered by the reference Court.

2.

In view of above, the balance amount of 50% is already secured as the same remained in the custody of acquiring body. 3.

The applicants - land owners as such are allowed to withdraw the amount deposited in this Court which is in tune of 50% of that of award delivered by the reference Court under Section 18 of the Land Acquisition Act, upon an undertaking that in case the appeal is allowed, the applicants-claimants shall deposit the amount in this Court within a period of three months along with the interest at that time.

( N.W. SAMBRE, J.) (vvr/