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Bombay High CourtCA/15465/2016disposed off

The State Of Maharashtra And ORS v. Pandurang Bhanudas Randive Died His Lrs Minakshri Pandurang Randive

2023-03-02Hon'Ble Shri Justice Sandipkumar C. More2 pages

1 940 ca 2611-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 940 CIVIL APPLICATION NO.2611 OF 2023 IN FA/2744/2017 WITH CA/15465/2016 IN FA/2744/2017 PANDURANG BHANUDAS RANDIVE DIED HIS LRS MINAKSHI PANDURANG RANDIVE

VERSUS

THE STATE OF MAHARASHTRA THR THE COLLECTOR, OSMANABADAND ORS ...

Advocate for Applicants : Mr. D. B. Pawar AGP for Respondent-State: Mr. S. W. Mundhe ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 02/03/2023.

P. C. :

A) ORDER IN CIVIL APPLICATION NO.2611 OF 2023 :

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 for the acquiring body opposed the application on the ground that the reference court has granted exorbitant amount of compensation, which is nearly six times of the amount granted by SLAO.

4.

In view of the same and considering the enhancement granted by the learned reference court, which is more than four times, the applicant is permitted to withdraw 75% of the deposited amount along with the proportionate interest accrued thereon till

2 940 ca 2611-23 date on usual undertaking to the satisfaction of the Registrar (Judicial) of this court.

5.

The remaining amount be kept in FDR in any nationalized Bank on yearly renewal basis till fnal disposal of this appeal. 6.

The civil application is accordingly disposed of. B) ORDER IN CIVIL APPLICATION NO.15465 OF 2016 : Since the appellant-acquiring body has deposited entire amount of compensation alongwith the interest, the application is made absolute in terms prayer clause-B and disposed of. ( SANDIPKUMAR C. MORE, J. ) VS Maind/-