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Bombay High CourtCA/11811/2019delay condonatedrejected

The State Of Maharashtra And ORS v. Narayan Babu Nawade

2022-11-18Hon'Ble Shri Justice Sandipkumar C. More2 pages

1 917 ca 15310-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 917 CIVIL APPLICATION NO.15310 OF 2022 IN FAST/27791/2019 WITH CA/11813/2019 IN FAST/27787/2019 WITH CA/11809/2019 IN FAST/27746/2019 WITH CA/15311/2022 IN FAST/27746/2019 WITH CA/11811/2019 IN FAST/27791/2019 WITH CA/11812/2019 IN FAST/27791/2019 WITH CA/11814/2019 IN FAST/27787/2019 WITH CA/15312/2022 IN FAST/27787/2019 NARAYAN BABAN @ BABU NAWADE

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Applicant : Mr. S. A. Wakure AGP for Respondent-State: Mr. P. M. Kulkarni ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 18/11/2022.

P. C. :

IN CIVIL APPLICATION NO.15310 OF 2022, CIVIL APPLICATION NO.15311 OF 2022 AND CIVIL APPLICATION NO.15312 OF 2022 : 1.

Respective applicants in these applications are seeking withdrawal of entire amounts of compensation admittedly deposited by the State-acquiring body.

2.

The learned AGP strongly opposed the application on the ground that the learned reference court has enhanced the compensation exorbitantly.

2 917 ca 15310-22 3.

In view of the same, the respective applicants are permitted to withdraw only 75% of the deposited amounts of compensation at this juncture alongwith accrued proportionate interest thereon till date by furnishing usual undertaking before Registrar (Judicial) of this court.

4.

The remaining amounts be kept in FDR in any nationalized Bank till disposal of these appeals.

5.

Accordingly the applications are disposed of. IN CIVIL APPLICATION NO.11812 OF 2019 AND CIVIL APPLICATION NO. 11814 OF 2019 :

1.

Since the State - acquiring body has deposited entire amounts of compensation, the applications are made absolute in terms of prayer clause- B and disposed of accordingly. IN CIVIL APPLICATION NO.11813 OF 2019, CIVIL APPLICATION NO.11809 OF 2019 AND CIVIL APPLICATION NO.1181 OF 2019: 1.

The applicant i.e. State - acquiring body is seeking condonation of delay of 1997 days in all these applications, which appears to be caused due to obtaining sanctions at various levels. There is no strong objection from other side. 2.

As such, the delay of 1997 days in all these applications stands condoned.

3.

The appeals be placed for admission after removal of offce objections, if any.

4.

The civil applications are accordingly disposed of. ( SANDIPKUMAR C. MORE, J. ) VS Maind/-