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Bombay High CourtCA/12176/2019disposed offdismissed for default

Raghu Babu Barkade v. The State Of Maharashtra And ANR

2019-11-22Hon'Ble Shri Justice Mangesh S. Patil2 pages

( 1 ) 903-ca12176-19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 903 CIVIL APPLICATION NO.12176 OF 2019 IN FA/2934/2018 WITH RAGHU BABU BARKADE

VERSUS

THE STATE OF MAHARASHTRA AND ANR ...

903.1 CIVIL APPLICATION NO.12177 OF 2019 IN FA/2936/2018 WITH RAMBHAU DINKAR SHINDE

VERSUS

THE STATE OF MAHARASHTRA AND ANR ...

903.2 CIVIL APPLICATION NO.12178 OF 2019 IN FA/2938/2018 WITH MANJUR SHAHABUDDIN ZAREKARI

VERSUS

THE STATE OF MAHARASHTRA AND ANR ...

903.3 CIVIL APPLICATION NO.12180 OF 2019 IN FA/2945/2018 WITH VILAS DINKAR SHINDE

VERSUS

THE STATE OF MAHARASHTRA AND ANR ....

903.4 CIVIL APPLICATION NO.12182 OF 2019 IN FA/2930/2018 WITH SAHEBRAO BAPURAO SHINDE

VERSUS

THE STATE OF MAHARASHTRA AND ANR ...

( 2 ) 903-ca12176-19 903.5 CIVIL APPLICATION NO.12183 OF 2019 IN FA/2942/2018 MARUTI BIRA SUL

VERSUS

THE STATE OF MAHARASHTRA AND ANR ...

Advocate for Applicant : Jayabhar Dattatraya R. AGP for Respondents: R.B.Bagul Adv.Gulab B. Rajale For R/2 ...

CORAM :

MANGESH S. PATIL, J.

DATE :

22.11.2019 P.C. :- Heard both sides.

2] The original claimants are seeking withdrawal of the amount deposited by the acquiring body while preferring the appeal. 3] The learned advocate for the acquiring body submits that in fact compensation under Section 28 of the Land Acquisition Act has been awarded from the date of possession instead of from the date of the award and the period comes to around 12 years.

4] Considering the aforementioned aspects, in my considered view, the applicants/claimants deserve to be allowed to withdraw 50% of the amount deposited by furnishing usual undertaking.

5] The applications are allowed. The applicants are allowed to withdraw 50% of the amount by furnishing usual undertaking. [MANGESH S. PATIL, J.] umg/