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Bombay High CourtCA/979/2025admittedallowedgrantedrule absolute

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

2025-01-23Hon'Ble Shri Justice Sanjay A. Deshmukh2 pages

2025:BHC-AUG:2078 ca979.25 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 979 OF 2025 IN/WITH FA/2577/2017 Nilkanth Ram Giram

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 ...

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.

3.

Considering the fact that the acquisition is of the year 2001 and the Award is passed in the year 2007, the Applicant-Claimant is

ca979.25 -2entitled 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/