Lilabai Ashok Shinde v. The State Of Maharashtra And ORS

20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 20 CIVIL APPLICATION NO. 11416 OF 2019 IN FA/3460/2019 WITH CA/11417/2019 IN FA/3461/2019 LILABAI ASHOK SHINDE AND ANR

VERSUS

THE DEPUTY CHIEF ENGINEER CENTRAL RAILWAY (CONSTRUCTION) BHUSAWAL DIVISION, BHUSA.

...

Advocate for Appellant : Mr. Soman D.V.

Advocate for Respondents : Mr. Malpani, h/f Mr. Kale Abhijit B.

CORAM

: MANGESH S. PATIL, J.

DATE : 18/12/2019 PER COURT :

Heard both the sides.

2.

These are the applications by the original claimants seeking withdrawal of the compensation amount. In both these matters the Special Land Acquisition officer has awarded compensation at the rate of Rs. 2,04,000/- per Hectare, wheres the Reference Court has increased it to Rs. 2,94,000/- per Hectare.

3.

After having heard both the sides and perusing the impugned judgment and award, the applicants/claimants deserve to be paid 75 % of the amount deposited in this Court together with interest subject to usual terms and conditions.

4.

The applications are allowed. The applicants are allowed to withdraw 75% of the amount deposited in this Court together with interest thereon, 50 % by furnishing undertaking in usual terms and 25 % by furnishing solvent security.

1/2

20.odt 5.

The appeals are admitted. The learned advocate Mr. Malpani, h/f Mr. Kale waives service for the respondents/claimants. The learned A.G.P. waives service for the respondent/State.

6.

Call record and proceeding.

7.

Print is dispensed with.

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