Sushilabai Raghunath Patil v. The State Of Maharashtra Through Collector, Osmanabad And ANR

(1) 947 CA-9785.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 947 CIVIL APPLICATION NO.9785 OF 2023 IN FAST/12174/2019 WITH CA/9788/2023 IN FAST/11837/2019 SUSHILABAI RAGHUNATH PATIL

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR, OSMANABADAND ANR ...

Mr. P.S. Chavan, Advocate for the applicants. Mr. S.P. Tiwari, AGP for respondent - State.

...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

09.08.2023.

ORDER:- 1.

Heard rival submissions.

2.

The respective applicants are seeking withdrawal of their respective amounts of compensation, which have been deposited by the State Acquiring Body alongwith the interest accrued thereon.

3.

The learned A.G.P. for the State Acquiring Body strongly opposed the applications on the ground that the Reference Court has granted exorbitant amount of compensation, which is nearly seven times of the amount granted by SLAO. Moreover, the interest has also been awarded from the date of notification instead of date of award.

(2) 947 CA-9785.2023.odt 4.

In view of the same and considering the enhancement granted by the learned Reference Court, the applicants are permitted to withdraw 50% of their respective deposited amounts of compensation alongwith the proportionate interest accrued thereon till date on usual undertaking to the satisfaction of the Registrar (Judicial) of this court. The remaining amounts be kept in F.D.R. in any Nationalized Bank on yearly renewal basis till disposal of these appeals. 5.

The civil applications are accordingly disposed of. (SANDIPKUMAR C. MORE, J.) vd_dhirde