Nayansukh Motilal Gandhi And ORS v. The State Of Maharashtra And ORS

40 CA 13087 19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 40 CIVIL APPLICATION NO.13087 OF 2019 IN FAST/36312/2018 NAYANSUKH MOTILAL GANDHI AND ORS.

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Applicants : Mr. More Kumar Gaurav M. & R. B. Salve. AGP for Respondent No. 1 : Mr. R.B. Bagul.

Advocate for Respondents No. 2 & 3 : Mr. G.S. Khaire, h/f Mr. S. S. Dande CORAM : MANGESH S. PATIL, JJ.

DATE : 25/11/2019 PER COURT :

Heard both the sides. The land of the applicants has been acquired. The reference preferred by them has been decided in their favour and the Acquiring Body has preferred this Appeal. While granting stay, as a condition the Acquiring Body has been allowed to deposit entire amount of compensation together with interest. The applicants are now seeking its withdrawal.

2.

Taking into account all the facts and circumstances, the applicants deserve to be allowed to withdraw 75% of the amount deposited in this Court, 50 % by furnishing an undertaking in the usual terms and 25% by furnishing a solvent security. 3.

The Civil Application is disposed of.

( MANGESH S. PATIL, J. ) mkd 1/1