Bombay High CourtCA/11895/2019disposed off

The State Of Maharashtra And ORS v. Vaijinath Nagnath Valsinge

2023-03-15Hon'Ble Shri Justice Sandipkumar C. More5 pages

{1} CIVIL APPLICATION NO.3479 OF 2023 IN CIVIL APPLICATION NO. 3476 OF 2023 IN CIVIL APPLICATION NO. 3478 OF 2023 IN Mr. R. V. Naiknavare, advocate for the Applicants Mr. S. S. Dande, AGP for Respondents.

Leave to correct surname of the applicant in CA No. 3476 of 2023.

Heard rival submissions.

The respective applicants are seeking withdrawal of their respective amounts of compensation deposited by the acquiring body.

The learned AGP strongly opposed the applications on the ground that the Reference Court has granted fve times more compensation than the compensation granted by the

{2} SLAO.

In view of the same, the applicants herein are permitted to withdraw 75% of their respective deposited amounts along with proportionate interest by furnishing usual undertaking before the Registrar (J) of this Court. The remaining amounts be invested in FDR, in any Nationalised Bank, on yearly renewal basis till fnal disposal of these appeals.

Civil Applications are disposed of.

{3} CIVIL APPLICATION NO.11896 OF 2019 IN CIVIL APPLICATION NO. 11894 OF 2019 IN CIVIL APPLICATION NO. 11898 OF 2019 IN Mr. S. S. Dande, AGP for the applicants.

Mr. R. V. Naiknavare, advocate for Respondents. Heard rival submissions.

The applicant-acquiring body, in all these applications, is seeking condonation of delay of 2239 days, which appear to be caused due to obtaining approvals at various stages. There is no strong objection from the respondent-claimants.

Hence, by considering the statutory right of the applicant, delay of 2239 days, in all these applications, stands condoned.

{4} Appeals be placed for admission after removal of offce objections, if any.

Civil Applications are disposed of.

{5} CIVIL APPLICATION NO.11897 OF 2019 IN CIVIL APPLICATION NO. 11895 OF 2019 IN CIVIL APPLICATION NO. 11899 OF 2019 IN Mr. S. S. Dande, AGP for the applicants.

Mr. R. V. Naiknavare, advocate for Respondents. Since the appellant-acquiring body has deposited entire amounts of compensation, in these matters, the applications are made absolute in terms of prayer clause {B} and disposed of.