Balbhim Bhaguram Kamble v. The State Of Maharashtra Thr Collector, Latur And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 920 CIVIL APPLICATION NO.13575 OF 2022 IN FA/1460/2021 WITH CA/13576/2022 IN FA/1459/2021, CA/13577/2022 IN FA/1466/2021 CA/13578/2022 IN FA/1462/2021, BALBHIM BHAGURAM KAMBLE

VERSUS

THE STATE OF MAHARASHTRA THR COLLECTOR, LATUR AND OTHERS ...

Advocate for Applicants : Mr. Sontakke Gajanan K. and Mrs. Sontakke Priyandra G.

AGP for Respondent/s - State : Mr. A. A. Jagatkar Advocate for Respondent No.3 : Mr.R.B. Gaikwad ...

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 29.09.2022 PER COURT :

Heard rival submissions.

2.

The learned counsel for the applicants in all these applications, submits that this Court in other similar matter has already permitted the claimants therein to withdraw 60% amount on usual undertaking and the remaining 40% amount on furnishing solvent security. The learned counsel for the Acquiring Body requested for withholding certain amount since the Reference Court has awarded the interest from the date of notification.

3.

In view of the above and considering the submissions of learned counsel for the parties, I find it proper to pass following order :

ORDER

(i) The applications are partly allowed.

(ii) The respective applicants / claimants are permitted to withdraw 50% of the deposited compensation amount on usual undertaking to the satisfaction of Registrar (Judicial) of this Court and 50% of the deposited compensation amount by furnishing solvent surety / security along with accrued interest thereon till date. (iii) The remaining amount of compensation be invested in F.D.R. in any Nationalized bank till final disposal of the First Appeals on yearly renewal basis.

(iii) Applications are disposed of.

(SANDIPKUMAR C. MORE) JUDGE .....

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