Kisan Bhanudas Nikam v. The State Of Maharashtra And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.13609 OF 2019 IN REJECTED CASE NO.703 OF 2017 (Kisan Bhanudas Nikam Vs. The State of Maharashtra and another) ---- Mr. Laxmikant C. Patil, Advocate for the applicant Mr. S.P. Deshmukh, A.G.P. for the respondent/State Mr. Patil, Advocate holding for Mr. Atul R. Kale, Advocate for respondent No.2 ---- CORAM :

MANGESH S. PATIL, J.

DATE :

27th NOVEMBER, 2019 PER COURT :

Heard both sides.

2.

The applicant is seeking withdrawal of the amount of compensation deposited by the Acquiring Body in this Court pursuant to the impugned judgment and order passed by the Reference Court.

3.

Learned Advocate Mr. Patil, holding for Mr. Atul R. Kale, Advocate for the Acquiring Body opposes this application for withdrawal of the amount. 4.

After going through the entire judgment, in my considered view, the applicant deserves to be paid

ca13609-2019 75% of the amount of compensation deposited in this Court on usual terms and conditions.

5.

The Civil Application is allowed. The applicant is allowed to withdraw 75% of the amount deposited in this Court, 50% of the amount shall be paid to the applicant by furnishing usual undertaking and 25% amount by furnishing solvent security.

[MANGESH S. PATIL] JUDGE npj/ca13609-2019