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Bombay High CourtCA/14621/2023admittedallowedgrantedrule absolute

Vidhyadhar Vyankatesh Kulkarni And ANR v. The State Of Maharashtra Through The Collector Osmanabad And ORS

2024-01-19Hon'Ble Shri Justice S. G. Mehare2 pages

47- C.A. No. 14621-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 14621 OF 2023 IN FA/788/2023 Vidhyadhar Vyankatesh Kulkarni And Anr ....Applicant

VERSUS

The State Of Maharashtra Through The Collector Osmanabad And Ors .....Respondent .....

Advocate for Applicants : Mr. A.S. More AGP for Respondent Nos. 1 and 2: Mr. A.S.Shinde Advocate for respondent No.3 : Mr. A. H. Koralkar h/f Mr. M. S. Kulkarni ......

CORAM : S. G. MEHARE, J.

DATE : 19.01.2024 PER COURT :

1.

Heard the learned counsel for the applicants and the learned counsel for the respondents.

2.

As per this Court order dated 7th February 2023, the respondent/ acquiring body have deposited 60% of the amount of the impugned award with proportionate interest accrued thereon. The applicants are the land owners whose lands have been acquired. Hence, the application deserves to be allowed. Hence the following order :-

47- C.A. No. 14621-2023.odt

ORDER

(i) The application is allowed.

(ii) The applicants are allowed to withdraw the entire amount deposited with proportionate interest on the undertaking that they would deposit the amount if the award is reversed. ( S. G. MEHARE ) JUDGE ysk