Dwarkadas Gulabchand Loya Died Thr Lrs Shakuntalabai Died Thr. Lrs Jugalkishor D. Loya And ANR v. M.I.D.C. Thr Regional Officer, Latur

1 919&920CA12351.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 919 CIVIL APPLICATION NO. 12351 OF 2024 IN FA/2191/2016 Dwarkadas Gulabchand Loya Died Thr Lrs Shakuntalabai Died Thr. Lrs Jugalkishor D. Loya And Anr

VERSUS

M.i.d.c. Thr Regional Officer, Latur ...

Mr. G. R. Syed - Advocate for Applicant Mrs. Uma S. Bhosale - AGP for Respondent/State Mr. S. S. Dande - Advocate for Respondent No. 1 ...

AND 920 CIVIL APPLICATION NO. 12367 OF 2024 IN FA/2188/2016 Gangaram Yashwanta Wadgave Died Thr Lrs Bajrang And Ors

VERSUS

M.i.d.c. Thr Regional Officer, Latur And Ors ...

Mr. G. R. Syed - Advocate for Applicant Mr. S. D. Ghayal - Addl. G.P. for Respondent/State Mr. S. S. Dande - Advocate for Respondent No. 1 ...

CORAM : R. G. AVACHAT AND NEERAJ P. DHOTE, JJ.

DATED : 22ND NOVEMBER, 2024 PER COURT : - 1.

The Applicants have filed these applications with the following prayers :

"A] This Civil Application may kindly be allowed. B] The office may kindly be directed to pay the amount of accrued interest to the Applicants.

2 919&920CA12351.2024.odt C] Any other suitable and equitable relief in favor of Petitioner may kindly be granted."

2.

Learned Advocate for the Applicants submits that, in the connected matters, this Court by order dated 27th September, 2024, passed the order permitting the Applicants therein to withdraw the amount of interest. He submits that, the Applications be allowed. 3.

Learned Advocate for the Acquiring Body and learned Additional Government Pleader for the State submit that there is no dispute that this Court by the aforementioned order permitted the Applicants therein to withdraw the amount of interest. They submit that the similar orders may be passed in these applications. 4.

The relevant part of the said order dated 27th September, 2024 reads as under : -

3. There is no dispute that this Court in Civil Application No. 1949 of 2023 by order dated 15th March, 2024 has allowed the applicants therein to withdraw the proportionate interest on the amount withdrawn by the appellants from time to time. Thus, we see no impediment in allowing the present applications. Therefore, present civil applications are allowed. The period for amount of interest shall be calculated from the date of deposit of the amount to the date of withdrawal of the said amount. The applicants are allowed to withdraw the said interest amount, out of which 50% on undertaking and 50% on furnishing solvent security/surety/bank guaranty to the satisfaction of the Registrar (Judicial) of this Court.

3 919&920CA12351.2024.odt 5.

In view of the above, the Applications are allowed in terms of the aforementioned order dated 27th September, 2024 and disposed of.

[NEERAJ P. DHOTE] [R. G. AVACHAT] JUDGE JUDGE SG Punde Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 25/11/2024 11:38:49