Chandrakant Hanmant Poddar (Mahamuni) v. The State Of Maharashtra Through Collector, Osmanabad And ORS

2024:BHC-AUG:8086 8-CA-133004-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13004 OF 2023 IN FAST/10562/2022 KASHINATH SHAMRAO MAHAMUNI (DIED) THR LRS ASHOK KASHINATH MAHAMUNI AND ANOTHER

VERSUS

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

Advocate for Applicant : Mr. Manoj U. Shelke AGP for Respondents No.1 and 2 : Mr. P. D. Patil ...

WITH CIVIL APPLICATION NO. 13006 OF 2023 IN FAST/10313/2022 WITH CIVIL APPLICATION NO. 13005 OF 2023 IN FAST/10565/2022 ...

CORAM : S. G. MEHARE, J.

DATE : 12-04-2024 PER COURT :- 1.

Mr. H. P. Kshirsagar, learned counsel had made a statement on the last occasion that he was not on the panal of the appellant. Therefore, notice was issued to the appellant. Notice has been served, but nobody appeared for them. Hence, matter is proceeded ahead.

2.

Heard the learned counsel for the applicant and the learned A.G.P. for respondents No.1 and 2.

3.

The applicants are the claimants and the land owners. Therefore, they deserve to receive compensation.

8-CA-133004-23.odt

ORDER

i) The applications are allowed.

ii) The applicants are allowed to withdraw 75% of the amount deposited with this Court with accrued interest. Out of it, 50% amount should be released on furnishing undertaking that they would deposit amount, if the impugned judgment and award is reversed, and balance 25% amount be released on surety/security.

iii) The balance amount, if any, be deposited in the fixed deposit as per the rules.

( S. G. MEHARE ) JUDGE rrd