Omprakash Shivlal Agrawal v. The Special Land Acquisition Officer, M.I.W., Jalgaon And ORS

(1) 912 CA-12992.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 912 CIVIL APPLICATION NO.12992 OF 2022 IN FA/1440/2019 OMPRAKASH SHIVLAL AGRAWAL

VERSUS

THE SPECIAL LAND ACQUISITION OFFICER, M.I.W., JALGAON AND OTHERS AND 914 CIVIL APPLICATION NO.13009 OF 2022 IN FA/1447/2019 OMPRAKASH SHIVLAL AGRAWAL

VERSUS

THE SPECIAL LAND ACQUISITION OFFICER, M.I.W., JALGAON AND OTHERS AND 915 CIVIL APPLICATION NO.13022 OF 2022 IN FA/1448/2019 OMPRAKASH SHIVLAL AGRAWAL

VERSUS

THE SPECIAL LAND ACQUISITION OFFICER, M.I.W., JALGAON AND OTHERS ...

Mr. A.B. Kale, Advocate for the applicants.

Mr. S.R. Yadav-Lonikar, A.A. Jagatkar and Mr. P.N. Kutti, AGPs for respondent No.1 in respective applications. Mr. Chetan Jadhav, Advocate for Acquiring Body. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

14.09.2022.

ORDER:- 1.

Heard the rival submissions. The applicants in all the above applications are seeking modifcation of the order

(2) 912 CA-12992.2022.odt dated 13.10.2021 passed by this Court at the time of granting withdrawal of compensation amount.

2.

According to the learned Counsel for the applicants, this Court in the aforesaid order had asked for bank guarantee for the withdrawal of 25% of the compensation amount. However, since the applicants are unable to furnish such bank guarantee, they are claiming for furnishing solvent security instead of bank guarantee.

3.

Learned Counsel for the Acquiring Body though strongly opposed the application, but submitted that appropriate order be passed.

4.

Admittedly, in para-6 of the order dated 13.10.2021, this Court had allowed withdrawal of 25% of the compensation amount to the concerned applicants on continuing bank guarantee. However, the applicants are now claiming that instead of bank guarantee, they would furnish solvent security. In view of the same, the order dated 13.10.2021 stands modifed only to that extent and the respective applicants are permitted to furnish solvent security instead of bank guarantee for withdrawal of 25% of the compensation amount alongwith the accrued interest thereon till date as directed in the order.

5.

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