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Bombay High CourtCA/4444/2023disposed off

Vijay Audumbar Borade And ANR v. The State Of Maharashtra Through The Collector Osmanabad And ORS

2023-04-06Hon'Ble Shri Justice Sandipkumar C. More2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 920 CIVIL APPLICATION NO.4443 OF 2023 IN FA/2731/2021 WITH CA/4446/2023 IN FA/2734/2021 WITH CA/4445/2023 IN FA/2733/2021 WITH CA/4444/2023 IN FA/2732/2021 NAGNATH DIGAMBAR BORADE AND ANOTHER

VERSUS

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

Advocate for Applicants : Mr. Patil Laxmikant C. AGP for Respondent/s - State : Mr. B.

V.

Virdhe Advocate for Respondent No. 2 : Ms. Sunita Dashrath Shelke ...

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 06.04.2023 PER COURT :

01. The learned counsel for the applicants-claimants tendered across the bar Vakalatnamas of respective applicants. Taken on record.

02. Heard rival submissions.

03. The respective applicants are seeking withdrawal of their amounts of compensation, which have been deposited by the Acquiring Body alongwith the interest accrued thereon. It appears that the Acquiring Body in all these matters has deposited entire amounts of compensation.

04. The learned counsel for the Acquiring Body though opposed the applications on the ground that the Reference Court has granted exorbitant amount of compensation, which is almost six times of the amount granted by SLAO.

05. In view of the same, present applicants are permitted to withdraw 75% of the compensation amounts from the deposited amounts alongwith the proportionate interest accrued thereon till date, on usual undertaking to the satisfaction of the learned Registrar (Judicial) of this Court. The remaining amounts be kept in F.D.R. in any Nationalized Bank on yearly renewal basis till final disposal of these appeals.

06. The Civil Applications are accordingly disposed of. (SANDIPKUMAR C. MORE) JUDGE .....

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