Dadarao Jagannath Yewle And ORS v. Union Of India Through The General Manager Central Railway Mumbai And ORS.

2025:BHC-AUG:14297 {1} CA 386.2025..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 386 OF 2025 IN FAST/22031/2024 Dadarao Jagannath Yewle and others.

....Applicant

VERSUS

Union Of India Through The General Manager Central Railway Mumbai And Ors.

.....Respondent .....

Advocate for Applicant : Mr. Bidve Yogeshwar L. For Applicant .....

WITH CIVIL APPLICATION NO. 8372 OF 2024 IN FAST/21871/2024 CORAM : S.G. CHAPALGAONKAR, J.

DATE : 8th MAY, 2025.

P.C. :- 1.

Heard learned advocate for applicant. Applicant seeks permission to withdraw the amount deposited by the respondent in pursuance to award passed by Reference Court. 2.

It appears that the Reference Court enhanced the compensation in the range of 3 to 4 times of compensation awarded by the Land Acquisition Officer . Enhancement is based on comparative sale instances. Therefore, claimants are certainly entitled for withdrawal of partial amount. Hence, following order :- O R D E R.

[I] The application is partly allowed. The applicants are permitted to withdraw 75% of the compensation amount deposited by respondent alongwith interest accrued thereon, subject to furnishing an undertaking to the satisfaction of Registrar (Judicial) of this court, that in case any adverse

{2} CA 386.2025..odt order is passed, they shall redeposit the amount. Such undertaking be filed within eight weeks from today. [ii] Rest of the amount be deposited in Fixed Deposit, with renewal clause, till disposal of appeal.

[iii] Civil application is disposed of.

[S.G. CHAPALGAONKAR, J.] grt/-