Gangaram Yashwanta Wadgave Died Thr Lrs Bajrang And ORS v. M.I.D.C. Thr Regional Officer, Latur And ORS
{1}
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO. 13442 OF 2016 IN FIRST APPEAL NO. 2188 OF 2016 Gangaram Yashwanta Wadgave Deceased through LRs Applicants Mr. A.S. Shinde, AGP for respondents no. 2 and 3. WITH CIVIL APPLICATION NO. 13443 OF 2016 IN FIRST APPEAL NO. 2196 OF 2016 Sambhaji Ganpati Madne Deceased through LRs Applicants Mr. A.S. Shinde, AGP for respondents no. 2 and 3.
{2} WITH CIVIL APPLICATION NO. 13444 OF 2016 IN FIRST APPEAL NO. 2189 OF 2016 Chandrakant Eknath Kulkarni Applicant Mr. G.R. Syed, advocate for the applicant.
Mr. A.S. Shinde, AGP for respondents no. 2 and 3. WITH CIVIL APPLICATION NO. 13445 OF 2016 IN FIRST APPEAL NO. 2197 OF 2016 Kashinath Deelip Madne & another s Applicants Mr. A.S. Shinde, AGP for respondents no. 2 and 3. WITH CIVIL APPLICATION NO. 13462 OF 2016 IN FIRST APPEAL NO. 2191 OF 2016 Dwarkadas s/o Gulabchand Loya Deceased through LRs Applicants
{3} Ms. R.P. Gour, AGP for respondents no. 2 and 3. CORAM : R.M.BORDE & P. R. BORA, JJ.
DATE : 24th MARCH, 2017 PER COURT:
1.
Instant appeals arise out of the same section 4 notification as in the case of Civil Application no. 13348/2016 in First Appeal No. 2192/2016.
2.
For the reasons recorded while disposing of aforesaid civil application, instant civil applications stand allowed. The acquiring body has deposited 75% amount out of the amount awarded by the reference court. Applicants shall be permitted to withdraw 50% of the amount already deposited by the acquiring body in this Court. Out of the permissible withdrawal of 50% by the applicants, 25% withdrawal shall be permitted without furnishing bank guarantee or any solvent security, however, subject to tendering an undertaking to the effect that in the event of success of appeal, applicants shall redeposit the amount within a period of eight weeks from the date of such decision and the remaining 25% amount shall be permitted to be withdrawn on furnishing solvent security or bank guarantee. The balance 50% amount out of the
{4} 75% amount deposited by the acquiring body shall be invested in Nationalised Bank initially for a period of three years and the bank guarantee shall be renewed thereafter until disposal of the appeal. 3.
With the directions as above, civil applicants stand disposed of.
( P. R. BORA ) ( R.M.BORDE ) JUDGE JUDGE dyb