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Bombay High CourtCA/10826/2024admittedallowedgrantedrule absolute

Babasaheb Dattu Thaware And ORS v. The State Of Maharashtra Thr. The Collector, Osmanabad And ANR

2024-10-11Hon'Ble Shri Justice N. B. Suryawanshi2 pages

2024:BHC-AUG:24633 {1} 924-ca-10825-2024

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 924 CIVIL APPLICATION NO. 10825 OF 2024 IN FA/2020/2019 Nagnath Niwrutti Raut

VERSUS

The State Of Maharashtra Thr. The Collector, Osmanabad And Another AND CIVIL APPLICATION NO. 10823 OF 2024 IN FA/2018/2019 Waman Dhondiba Kolekar

VERSUS

The State Of Maharashtra Thr. The Collector, Osmanabad And Another AND CIVIL APPLICATION NO. 10826 OF 2024 IN FA/2022/2019 Babasaheb Dattu Thaware And Others

VERSUS

The State Of Maharashtra Thr. The Collector, Osmanabad And Another Mr. Sushant Baburao Choudhari, Advocate for Applicants Mr. R.B. Dhaware, AGP for State .......

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 11th OCTOBER, 2024 Bhagyawant Punde

{2} 924-ca-10825-2024 ORDER :

1.

These applications are filed for withdrawal of amount of compensation deposited by acquiring body.

2.

Learned AGP strenuously opposed the application stating that no case is made out by applicants for withdrawal of amount.

3.

Considering the fact that acquisition is of the year 1994 and Reference Court has enhanced the compensation slightly about four times, applications are allowed. 4.

Applicants are permitted to withdraw 50% of the amount along with proportionate accrued interest on furnishing usual undertaking and 50% amount with accrued interest on furnishing solvent surety/security to the satisfaction of Registrar (Judicial) of this Court.

[NITIN B. SURYAWANSHI, J.] Bhagyawant Punde