Sahebrao Mahipati Matsagar Died Through Lrs Sunita And ORS v. The State Of Maharashtra Through Collector Aurangabad And ORS

2025:BHC-AUG:23211 961 CA 9137 25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 961 CIVIL APPLICATION NO. 9137 OF 2025 IN FA/2171/2025 SAHEBRAO MAHIPATI MATSAGAR DIED THROUGH LRS SUNITA AND ORS

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR AURANGABAD AND ORS ...

Advocate for Applicant : Mr. Kale Yogesh Damodhar AGP for Respondent no. 1 : Mr. D.B. Bhange Advocate for Respondent nos. 2 and 3 : Mr. S.S. Dande

CORAM

: SHAILESH P. BRAHME, J.

DATE : 22.08.2025 PER COURT :

Heard both the sides.

2.

The applicant seeks Rs. 1,02,60,547/- (Rs. One Crore Two Lakh Sixty Thousand Five Hundred and Fourty Seven only), deposited by the respondent-acquiring body.

3.

The learned counsel for the respondent-acquiring body Mr. Dande points out that the rate awarded by the Special Land Acquisition Officer was up to 270/- per Are, which was enhanced by the reference Court to Rs. 9776/-. The huge enhancement in the rate is under consideration in the first appeal.

4.

I have considered the rival submissions of the parties. I have gone through the impugned judgment. In the interest of justice, I find it fit to permit the applicant to receive 50% of the amount on furnishing undertaking.

5.

The Civil Application is partly allowed. The applicant is permitted to 1/2

961 CA 9137 25.odt receive 50% of the amount with accrued interest on furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court. Balance amount shall be invested in any nationalized bank.

( SHAILESH P. BRAHME, J.) mkd/- 2/2