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Bombay High CourtCA/14777/2022delay condonatedrejected

Umesh Nanasaheb Kawade v. The State Of Maharashtra Through The Collector, Osmanabad And ANR

2022-11-30Hon'Ble Shri Justice Sandipkumar C. More2 pages

1 946 ca 14777-22+

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 946 CIVIL APPLICATION NO.14777 OF 2022 IN FAST/4951/2019 WITH CA/3463/2019 IN FAST/4951/2019 WITH CA/3462/2019 IN FAST/4951/2019 UMESH NANASAHEB KAWADE

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, OSMANABAD AND ANR ...

Advocate for Applicant : Mr. Ankush Nagargoje h/f Mr. A. S. Jagtap AGP for Respondent No.1: Mr. B. V. Virdhe ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 30/11/2022.

P. C. :

IN CIVIL APPLICATION NO.14777 OF 2022 :

1.

Heard rival submissions.

2.

The applicant is seeking withdrawal of the entire amount of compensation, which has been deposited by the State- acquiring body alongwith the interest accrued thereon.

3.

The learned AGP strongly opposed the application on the ground that the reference court has enhanced the compensation amount by 6.5 time as that of granted by the SLAO. I 4.

In view of the same, the applicant is permitted to withdraw 75% of the deposited amount of alongwith the the proportionate interest accrued thereon till date on usual undertaking to the satisfaction of the Registrar (Judicial) of this court. 5.

The civil application is accordingly disposed of.

2 946 ca 14777-22+ IN CIVIL APPLICATION NO.3462 OF 2019 :

1.

The State acquiring body is seeking condonation of 2784 days, which appears to be caused due to obtaining sanctions at various stages. There is no strong objection from other side. In view of the same, delay of 2784 days stands condoned. 2.

The appeal be placed for admissions after removal of offce objections, if any.

3.

The application is accordingly disposed of.

IN CIVIL APPLICATION NO.3463 OF 2019 :

Since the State acquiring body has deposited entire amount of impugned award alongwith the interest, the application is made absolute in terms of prayer clause B and disposed of accordingly. ( SANDIPKUMAR C. MORE, J. ) VS Maind/-