Kalindar Vamir@Ajij Shaikh (Dead) Thr Lrs Mujanabai And ORS v. The State Of Maharashtra And ORS

ca11635.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 11635 OF 2017 IN FAST/7572/2017 KALINDAR VAMIR @ AJIJ SHAIKH (DEAD) THR. LRS MUJANBAI 7 ORS.

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Applicant : More Abhijit S.

Mr. B.A.Shinde, A.G.P. For R/1 and R/2 Mr. S. G. Karlekar For R/3 and R/4 .....

WITH CA/11634 OF 2017 IN FAST/7293/2017 WITH CA/11636/2017 IN FAST/7559/2017 WITH CA/11637/2017 IN FAST/7579/2017 CORAM : K.L.WADANE, J.

DATED : 13th September, 2017 O R D E R :

Heard learned counsel for both sides.

2.

Learned counsel for the acquiring body has objection to pay entire amount of compensation. 3.

Learned counsel appearing for the parties submit that out of total amount of compensation determined by the Reference Court, 60 per cent amount of compensation is deposited in this Court. 4.

In view of rival submissions of both the

ca11635.17 parties, the applicants can be permitted to withdraw 50 per cent amount out of total amount of compensation determined by the Reference Court on furnishing undertaking.

5.

In view of above, Civil Applications are allowed. The applicants are permitted to withdraw 50 per cent amount of total compensation determined by the Land Acquisition Officer on undertaking that in case of adverse order is passed in the appeal, then the claimants/respondents shall deposit amount of compensation so withdrawn by them within a period of 12 weeks. Remaining 10 per cent amount be kept in fixed deposit initially for a period of 13 months and same shall be renewed from time time as per the directions of this Court.

6.

Civil Applications ar disposed of.

(K.L.WADANE, J.) dbm