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Bombay High CourtCA/8748/2019disposed offdismissed for default

Balasaheb Vasudeo Paralkar v. The State Of Maharashtra And ORS

2019-11-13Hon'Ble Shri Justice Mangesh S. Patil2 pages

27 CA 8748 19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 27 CIVIL APPLICATION NO.8748 OF 2019 IN FA/3929/2017 BALASAHEB VASUDEO PARALKAR

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Applicant : Mr. Patil Laxmikant C. AGP for Respondent No. 1 : Mr. R.B. Bagul.

Advocate for Respondent No. 2 : Mr. G.B. Rajale, h/f Mr. V.S. Badakh. CORAM : MANGESH S. PATIL, JJ.

DATE : 13/11/2019 PER COURT :

Heard both the sides.

2.

The original claimant seeking withdrawal of the amount deposited by the respondent-Acquiring Body in respect of the land acquired by it. Perused the judgment and Award. 3.

The amount of compensation fixed by the Reference Court has been fixed on the basis of a decision in an earlier reference in respect of some lands from the same process of acquisition from the same village. The Special Land Acquisition Officer had fixed the compensation by applying the rate of Rs. 25,000/- per Hectare whereas the Reference Court has enhanced it to Rs. 1,00,000/- 1/2

27 CA 8748 19.odt per acre.

4.

Considering all these facts, the applicant is allowed to withdraw 75% of the amount deposited in this Court, 50% amount shall be paid on furnishing usual undertaking to the satisfaction of the learned Registrar (Judicial) and the remaining 25% amount to be paid on furnishing solvent security.

5.

The Civil Application is disposed of.

( MANGESH S. PATIL, J. ) mkd 2/2