The State Of Maharashtra, Through The Collector, Latur And Others v. Dnyanoba S/O Panda Nabde Died Thr Lrs. Champabai Dnyanoba Nabde And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

922 CIVIL APPLICATION NO. 12279 OF 2024 IN FA/3087/2022 RAM TUKARAM DADGE (DIED) THR LRS DAGADU DIED THR LR RANJANA DIED THR. LRS KHANDERAO AND ORS

VERSUS

THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, LATUR AND OTHERS ...

Advocate for Applicant : Mr. H. B. Nandagavale. AGP for Respondent/State : Mr. K. B. Jadhavar. ...

AND CIVIL APPLICATION NO. 7712 OF 2020 IN FA/3087/2022 AND CIVIL APPLICATION NO. 7722 OF 2020 IN FA/3090/2022 AND CIVIL APPLICATION NO. 7714 OF 2020 IN FA/3092/2022 AND CIVIL APPLICATION NO. 7716 OF 2020 IN FA/3091/2022 AND CIVIL APPLICATION NO. 7726 OF 2020 IN FA/3088/2022 AND CIVIL APPLICATION NO. 7720 OF 2020 IN FA/3093/2022 AND CIVIL APPLICATION NO. 7724 OF 2020 IN FA/3089/2022 AND CIVIL APPLICATION NO. 12283 OF 2024 IN FA/3092/2022 AND CIVIL APPLICATION NO. 12281 OF 2024 IN FA/3090/2022 AND CIVIL APPLICATION NO. 12285 OF 2024 IN FA/3089/2022 AND CIVIL APPLICATION NO. 12284 OF 2024 IN FA/3091/2022

AND CIVIL APPLICATION NO. 12286 OF 2024 IN FA/3088/2022 AND CIVIL APPLICATION NO. 12280 OF 2024 IN FA/3093/2022 ...

CORAM :

KISHORE C. SANT, J.

DATE :

21st November, 2024.

P.C.:

.

Heard the learned counsel for the parties.

Applications for stay:

Since the amount is already deposited in the office of this Court, there shall be stay to the execution and operation of the impugned judgment and awards till the pendency of the appeals. The applications stand disposed of.

Appeals:

Heard.

Admit.

Issue notice to respondents. Mr. Nandagavale, learned counsel waives notice on behalf of respondents / claimants on admission. The record and proceedings be called for.

Applications for withdrawal of amount:

These applications are for withdrawal of the amount deposited in this Court by the respondent / State towards enhanced compensation as per the respective judgment and awards.

The applications are vehemently opposed by the learned AGP. He submits that the learned SLAO had rightly granted the rate of Rs.900/- per R, which is increased to Rs.3,900/- per R for Jirayat land and Rs.5,860/- per R for the seasonally irrigated land. This amount is quite on higher side. He, thus, opposes the applications. Considering the above, the following order is passed:-

O R D E R

I.

The applicants are permitted to withdraw 50% of the amount alongwith accrued interest deposited in this Court on furnishing usual undertaking. Further 25% of the amount with accrued interest is allowed to be withdrawn on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this Court. The remaining amount be kept in fixed deposit in any nationalized bank till disposal of the appeals. II.

With this, the civil applications for withdrawal of amount stand disposed of.

[ KISHORE C. SANT, J. ] nga