Suresh Kashiba Mane v. The State Of Maharashtra Through The Collector Latur And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 14880 OF 2023 IN FA/4116/2023 WITH CIVIL APPLICATION NO. 15468 OF 2023 IN FA/4108/2023 WITH CIVIL APPLICATION NO. 15467 OF 2023 IN FA/4109/2023 WITH CIVIL APPLICATION NO. 14873 OF 2023 IN FA/4115/2023 WITH CIVIL APPLICATION NO. 14872 OF 2023 IN FA/4107/2023 WITH CIVIL APPLICATION NO. 14874 OF 2023 IN FA/4112/2023 WITH CIVIL APPLICATION NO. 14876 OF 2023 IN FA/4114/2023 WITH CIVIL APPLICATION NO. 14877 OF 2023 IN FA/4111/2023 WITH CIVIL APPLICATION NO. 14879 OF 2023 IN FA/4110/23 Dnyanoba Vithal Kasle ....Applicant

VERSUS

The State Of Maharashtra Through The Collector Latur And Anr .....Respondent .....

Advocate for Applicant : Mr. R. P. Adgaonkar AGP for Respondent No.1: Mr. A.S. Shinde Advocate for Respondent No.2 : Mr. R. K. Ingole ....

CORAM : S. G. MEHARE, J.

DATE : 19.01.2024 PER COURT :

1.

Heard the learned counsel for the applicants. None present for the Acquiring Body.

2.

The learned counsel for the applicant would submit that in view of the Government Resolutions dated 3rd November 2016, 25th February 2017 and 11th May 2018 where the amount award by the

reference Court is less than four times of the award determined by the Land Acquisition Officer, the Acquiring Body is precluded from preferring the appeal.

3.

The learned counsel for the appellants/ Acquiring Body sought time to take the instructions for last two dates, however he had no instructions.

4.

Perused the Government Resolutions. There appears substance in the submission of the learned counsel for the applicant. However, to protect the interest of the appellant certain conditions may be imposed before allowing them to withdraw the amount. Hence, the following order.

ORDER

(i) All the applications are allowed.

(ii) The applicants are allowed to withdraw 100% of the amount deposited with the interest accrued thereon with an undertaking that they would redeposit the amount if the award is reversed. ( S. G. MEHARE ) JUDGE

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