The State Of Maharashtra Through Sub-Divisional Officer And Land Acquisition Officer, Nagpur v. Prabhakar Vishwasrao Deshmukh And Others

2 caf 1805-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO. 1805/2022 IN FIRST APPEAL NO. 414/2008 State of Maharashtra, through Sub-Divisional Officer and Land Acquisition Officer, Nagpur Vs.

Prabhakar S/o Vishwasrao Deshmukh through L.Rs and others - - - - - - - - - - - - --------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- Shri M.A. Kadu, A.G.P. for appellant Shri S.V. Deshmukh, Advocate for respondent Nos. 1 and 2 CORAM : SMT. M.S. JAWALKAR, J.

DATE : 07/09/2022 The present application is filed for grant of permission to withdraw the amount of interest accrued on the amount deposited by the appellant till realization of the amount. It appears that the appeal filed by the State came to be dismissed and respondents were allowed to withdraw the amount. However, while passing this order, there is no mention of interest accrued on the amount. In view thereof, the present application is moved. 2.

Admittedly, the 50% of amount of total compensation was lying with this Court for sufficiently long time i.e. since year 2009. As such, after dismissal of

2 caf 1805-2022.odt appeal, the respondent no.1 is entitled for balance amount as well as interest accrued thereon. In view thereof, application is allowed.

3.

The respondent no.1 is permitted to withdraw the interest on the balance amount till it's realization i.e. till 25/07/2022 i.e. the day on which amount is credited in the bank account of respondent No.1 4.

Registry is hereby, directed to disburse the interest accrued on the amount of Rs.9,65,441/- in the account of respondent No.1 [Annexure B] within a period of four weeks.

5.

The application is disposed of.

(SMT. M.S. JAWALKAR, J.) Jayashree..

Signed By:JAYASHREE SHARAD SHINGNE