Vithal Sakharam Magar Adn Another v. The State Of Maharashtra Through The Collector, Osmanabad And ANR

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 11 CIVIL APPLICATION NO. 13693 OF 2024 IN FAST/10654/2023 Sakharbai Mukinda Bhojane

VERSUS

The State Of Mahrastra And Anr WITH CIVIL APPLICATION NO. 4372 OF 2023 IN FAST/10654/2023 WITH CIVIL APPLICATION NO. 4373 OF 2023 IN FAST/10654/2023 WITH CIVIL APPLICATION NO. 4374 OF 2023 IN FAST/10696/2023 WITH CIVIL APPLICATION NO. 4375 OF 2023 IN FAST/10696/2023 WITH CIVIL APPLICATION NO. 4376 OF 2023 IN FAST/10700/2023 WITH CIVIL APPLICATION NO. 4377 OF 2023 IN FAST/10700/2023 WITH CIVIL APPLICATION NO. 4379 OF 2023 IN FAST/10704/2023 WITH CIVIL APPLICATION NO. 4378 OF 2023 IN FAST/10704/2023 WITH CIVIL APPLICATION NO. 4380 OF 2023

( 2 ) IN FAST/10707/2023 WITH CIVIL APPLICATION NO. 4381 OF 2023 IN FAST/10707/2023 WITH CIVIL APPLICATION NO. 4382 OF 2023 IN FAST/10713/2023 WITH CIVIL APPLICATION NO. 4383 OF 2023 IN FAST/10713/2023 WITH CIVIL APPLICATION NO. 13694 OF 2024 IN FAST/10713/2023 WITH CIVIL APPLICATION NO. 13696 OF 2024 IN FAST/10704/2023 WITH CIVIL APPLICATION NO. 13695 OF 2024 IN FAST/10700/2023 ...

Mr. L. C. Patil, Advocate for Applicant.

Smt. R. R. Tandale, AGP for Respondent-State. Ms. Ashwini S. Hoge Patil for Respondent No.2. CORAM : KISHORE C. SANT, J.

DATE : 19th DECEMBER 2024 PC :- 1.

Heard the parties.

2.

These applications are for withdrawal of the amount deposited by the appellant-acquiring body in this Court. The learned SLAO had

( 3 ) awarded the compensation @ of Rs.300 per R. The Leaned Reference Court enhanced the compensation @ of Rs.900 per R. for jirayat land and Rs.1800 per R for irrigated land.

3.

Considering this, applications are allowed.

4.

The applicants are permitted to withdraw 75% of the amount deposited in the office of this Court alongwith accrued interest on furnishing usual undertaking.

5.

Remaining amount be kept in Fixed deposit in any nationalized bank to be renewed till the appeal is decided. 6.

Application stands disposed off.

FAST/10707/2023 and FAST/10696/2023 .

The appellant to take steps to take legal heirs of the deceased claimant on record.

CIVIL APPLICATIONS FOR STAY .

Since the applicants have deposited the entire amount as per impugned judgment and award, there shall be stay to the impugned judgment and award till final disposal of the appeal.

( 4 ) CIVIL APPLICATIONS FOR DELAY 1.

Heard.

2.

For the reasons stated in the applications, applications are allowed. Delay stands condoned.

3.

Office to register first appeal.

FIRST APPEALS 1.

Admit.

2.

Learned Advocate Mr.Patil waives service of notice for Respondentclaimant. 3.

Learned AGP waives service of notice for State and Authorities. [KISHORE C. SANT, J.]