Machindra Kondiba Bhalerao (Died) Thr Lrs. Asha Shrirang Maske And Others v. The State Of Maharashtra, Through Collector, Latur And Another

(1) 932 CA-14734.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 932 CIVIL APPLICATION NO.14734 OF 2022 IN FAST/30056/2019 WITH 14735/2022 IN FAST/30259/2019 MACHINDRA KONDIBA BHALERAO (DIED) THROUGH LRS. ASHA SHRIRANG MASKE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA, THROUGH COLLECTOR, LATUR AND ANOTHER ...

Mr. P.C. Mayure, Advocate for the applicants. Mr. P.N. Kutti, A.G.P. for respondent - State. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

18.10.2022.

ORDER:- 1.

Heard the rival submissions. The respective applicants in these applications are seeking withdrawal of the entire compensation amounts as deposited by the AppellantState. It appears that the Reference Court has granted enhancement fve times more than the rate awarded by the Special Land Acquisition Offcer. Under such circumstances, 75% of the deposited amount can be permitted to be withdrawn by the concerned applicants at this juncture. As such, following order is passed.

ORDER

(i) The concerned applicants are permitted to withdraw 50% of the deposited amount alongwith the proportionate accrued

(2) 932 CA-14734.2022.odt interest thereon by furnishing usual undertaking before the Registrar (Judicial) of this Court and 25% of the deposited amount alongwith the proportionate accrued interest thereon by furnishing solvent security / surety to the satisfaction of Registrar (Judicial) of this Court. The remaining amount be invested in F.D.R. in any Nationalized Bank on year to year renewal basis till disposal of this appeal.

(ii) The applications are accordingly disposed of.

(SANDIPKUMAR C. MORE, J.) vd_dhirde