Jambuwant Dagdu Dhage v. The State Of Maharashtra And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.9702 OF 2019 IN FIRST APPEAL NO.2813 OF 2018 (Bharat Ganpati Gate Vs. The State of Maharashtra and another) AND CIVIL APPLICATION NO.9703 OF 2019 IN FIRST APPEAL NO.2811 OF 2018 (Jambuwant Dagdu Dhage Vs. The State of Maharashtra and another) AND CIVIL APPLICATION NO.9704 OF 2019 IN FIRST APPEAL NO.2812 OF 2018 (Shantabai Bhagwat Gate Vs. The State of Maharashtra and another) ---- Mr. Laxmikant C. Patil, Advocate for the applicants Mr. S.P. Deshmukh, A.G.P. for the respondent/State Mr. Jeevan R. Patil, Advocate holding for Mr. G.B. Rajale, Advocate for respondent No.2 ---- CORAM :

MANGESH S. PATIL, J.

DATE :27th NOVEMBER, 2019 PER COURT :

Heard both sides.

2.

The applicants are 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.

ca9702-2019+ 3.

After going through the entire judgment, in my considered view, the applicants deserve to be paid 75% of the amount of compensation deposited in this Court on usual terms and conditions.

4.

The Civil Applications are allowed. The applicants are allowed to withdraw 75% of the amount deposited in this Court, 50% of the amount shall be paid to the applicants on furnishing usual undertaking and 25% amount by furnishing solvent security. [MANGESH S. PATIL] JUDGE npj/ca9702-2019+