Banubee Sk Kadar And ORS v. The State Of Maharashtra Through The Collector

{1} ca11607-25.doc drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11607 OF 2025 IN FIRST APPEAL NO.2277 OF 2024 Banubee Sk Kadar and Others APPLICANTS

VERSUS

The State of Maharashtra and Others RESPONDENTS .......

Mr. Anil S. Bajaj, Advocate for the Applicants Mr. A. R. Kale, AGP for Respondent - State Mr. Nitin Gangal h/f Mr. S. V. Deshmukh, Advocate for Respondent No.2 .......

[CORAM : NITIN B. SURYAWANSHI, & VAISHALI PATIL-JADHAV, J. J.] DATE : 24 th NOVEMBER, 2025 ORDER :

1.

Heard.

2.

This Application is filed by the Applicants - claimants for withdrawal of amount of compensation deposited by Respondent No. 2 - CIDCO.

3.

It is the contention of the Applicants that in fact, as per the direction of this Court, the Respondent ought to have deposited Rs.62,10,02,387/-. However, the Respondent No.2 has deposited only an amount of Rs.20,20,99,040/- i.e. approximately 30% of

{2} ca11607-25.doc the amount awarded by the Reference Court.

4.

Learned Advocate for Respondent No. 2- CIDCO opposed for withdrawal of the entire amount.

5.

Taking into consideration the fact that the claimants are disputing the calculations of the amount deposited by the Respondent and for the reasons stated in the Application, the same is allowed in terms of prayer clause "B". The Applicants are permitted to withdraw the amount on furnishing usual undertaking to the satisfaction of Registrar (Judicial) of this Court.

[ VAISHALI PATIL-JADHAV ] [ NITIN B. SURYAWANSHI ] JUDGE JUDGE drp/ca11607-25.doc