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Bombay High CourtCA/15185/2022disposed off

Prabhawati Bhalchandra Kulkarni (Died) Thr Lrs Nirmala And ANR v. The State Of Maharashtra Thr Collector, Osmanabad And ORS

2023-01-25Hon'Ble Shri Justice Sandipkumar C. More2 pages

(1) 923 CA-15185.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 923 CIVIL APPLICATION NO.15185 OF 2022 IN FAST/16837/2021 PRABHAWATI BHALCHANDRA KULKARNI (DIED) THROUGH LRS NIRMALA AND ANOTHER

VERSUS

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

Mr. Ajay Shinde, Advocate for the applicants. Mr. A.B. Chate, A.G.P. for respondent - State. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

25.01.2023.

ORDER:- 1.

Heard rival submissions. The applicants are seeking permission to withdraw the entire amount of compensation alongwith the interest accrued thereon, as deposited by the State - Acquiring Body.

2.

Learned A.G.P. strongly opposed the application on the ground that the learned Reference Court has granted exorbitant amount of compensation which is almost seven times more than the amount granted by Special Land Acquisition Offcer.

3.

In view of the above, at this juncture the present applicants are allowed to withdraw only 60% of the deposited amount of compensation alongwith the proportionate accrued

(2) 923 CA-15185.2022 interest thereon till date, on furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court. The remaining amount be invested in F.D.R. in any Nationalized Bank on yearly renewal basis, till fnal disposal of this appeal. 4.

The application is accordingly disposed of.

(SANDIPKUMAR C. MORE, J.) vd_dhirde