Kusumbai Baburao Mane Dead Thr Her Lrs Baburao And Others v. The Regional Officer Maharashtra Industrial Development Corporation, Latur And ORS

(1) C.A. No. 15890 of 2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AT AURANGABAD.

Civil Application No. 15890 of 2016 (In First Appeal No. 672 of 2016) District : Osmanabad Sou. Kusumbai w/o. Baburao Mane (Died), Through L.Rs. :-

1. Baburao s/o. Bhaurao Mane, Age : 68 years, Occupation : Agriculture.

2. Savita w/o. Venkatrao Ravate, Age : 47 years, Occupation : Agriculture.

3. Anil s/o. Baburao Mane, Age : 45 years, Occupation : Agriculture.

4. Sau. Sunita w/o. Anil Chavan, Age : 42 years, Occupation : Household.

5. Balaji s/o. Baburao Mane, Age : 39 years, Occupation : Agriculture.

.. Applicants (Respondent All r/o. Jakekur, Nos.1 to 5 Taluka Omerga, in F.A.) District Osmanabad.

versus

1. The Regional Officer, Maharashtra Industrial Development Corporation, Latur.

2. The State of Maharashtra, Through Collector, Osmanabad, District Osmanabad.

(2) C.A. No. 15890 of 2016

3. The Special Land Acquisition .. Non-applicants Officer & Sub-Divisional Officer, (No.1 - Appellant Osmanabad, Dist. Osmanabad.

in F.A.

& Nos.2 & 3 - Respondent Nos.6 & 7 - in F.A.) ...........

Mr. Vivekanand V. Ingale, Advocate, for the applicants.

Mr. S.S. Dande, Advocate, for non-applicant no.1. Mr. S.B. Joshi, Asst. Government Pleader, for non-applicant nos.2 and 3.

...........

CORAM : R.M. BORDE & Z.A. HAQ, JJ.

DATE : 09TH DECEMBER 2016 ORAL ORDER :

Heard.

02.

This is the application seeking withdrawal of amount deposited by the M.I.D.C. in this Court towards enhanced compensation.

Considering the contentions raised by the applicants, the application needs to be allowed and the same is accordingly allowed partly.

03.

The applicants shall be permitted to withdraw 25 % of the amount out of the amount

(3) C.A. No. 15890 of 2016 deposited by the Acquiring Body / appellant in this Court on furnishing undertaking to the effect that in the event of success of appeal, the applicants would redeposit the amount in this Court within a period of 12 weeks from such decision. Further, a sum of 25 % out of the amount deposited by the Acquiring Body in this Court shall be permitted to be withdrawn by the applicants on furnishing solvent security for the like amount.

04.

The balance amount of 50 % out of the amount deposited by the Acquiring Body in this Court shall be deposited in fixed deposit in any Nationalized Bank, initially for a period of three years. The fixed deposit shall be renewed thereafter until disposal of the appeal.

05.

With the above directions, the Civil Application stands disposed of.

( Z.A. HAQ ) ( R.M. BORDE ) JUDGE JUDGE ...........

puranik / CA15890.16