The State Of Maharashtra, Through Collector, Amravati And Another v. Hamidullakha Hafizullakha

1 caf3417.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR Civil Application (CAF) No.3417/2019 in First Appeal No.985/2016 State Through Collector, Amravati Vs. Hamidulla Khan - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs. M.S. Naik, AGP for appellants.

Mr. R.J. Shinde, Advocate for respondent CORAM : MANISH PITALE, J.

DATED : SEPTEMBER 11, 2019 This is an application moved on behalf of the respondent (original land owner / claimant), seeking permission to withdraw the amount of compensation deposited by the appellant in this Court. 2.

Record shows that while the Land Acquisition Officer granted compensation @Rs.4,25,000/- per hectare, it was enhanced to Rs.10,00,000/- per hectare by the Reference Court. According to the learned counsel for the appellants, such increase in the rate of grant of compensation was not justified. On the other hand, it is claimed by the respondent that further enhancement of compensation was warranted and in fact, an appeal has been filed by the respondent for further enhancement of compensation.

2 caf3417.19.odt 3.

In this backdrop, it would be in the interest of justice that the respondent is permitted to withdraw 75% of the amount deposited in this Court on furnishing usual undertaking to the satisfaction of the Registrar (Judicial) within a period of 4 weeks from today. Application disposed of.

JUDGE MP Deshpande