Sambha Ram Bele v. The State Of Maharashtra, Through The Special Land Acquisition Office Osmanabad And ORS

2025:BHC-AUG:1971 ca978.25 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 909 CIVIL APPLICATION NO. 978 OF 2025 IN FA/2578/2017 Sambha Ram Bele

VERSUS

The State of Maharashtra, Through The Special Land Acquisition Office Osmanabad And Ors ...

Advocate for Applicant : Mr. Patil Laxmikant C. AGP for Respondent Nos. 1 and 2: Mr. D.J. Patil Advocate for Respondent No.3 : Ms. Sunita D. Shelke ...

WITH FIRST APPEAL NO. 2577 OF 2017 WITH FIRST APPEAL NO. 2578 OF 2017 .....

CORAM : SANJAY A. DESHMUKH, J.

DATED : 23rd JANUARY 2025 PER COURT :- 1.

This application is filed by the Applicant-Claimant for withdrawal of the compensation amount deposited by the Acquiring Body.

2.

Learned Advocate for the Acquiring Body and learned AGP have strenuously opposed the Application stating that exorbitant amount is awarded by the Reference Court towards enhanced compensation. Hence, the Applicant may not be permitted to withdraw the amount.

ca978.25 -23.

Considering the fact that the acquisition is of the year 2001 and the Award is passed in 2007, the Applicant-Claimant is entitled for withdrawal of the amount.

4.

In the result, the Application is allowed. The Applicant is permitted to withdraw 75% of the amount of compensation along with proportionate interest accrued thereon, on furnishing usual undertaking to the satisfaction of the Registrar (Judicial) and remaining 25% along with proportionate interest accrued thereon, on furnishing solvent surety / security.

(SANJAY A. DESHMUKH, J.) rlj/