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Bombay High CourtMCA/278/2021disposed of

Mario Moraes And 4 ORS v. The Deputy Collector, S.D.O. Ii, (Lao), Margao And ANR

2022-01-03Hon'Ble Shri Justice M. S. Sonak2 pages

34-MCA 278-21.DOC Amrut

IN THE HIGH COURT OF BOMBAY AT GOA

MISC. CIVIL APPLICATION NO.278 OF 2021 IN FIRST APPEAL NO.140 OF 2019 MARIO MORAES AND 4 ORS.

... Applicants

Versus

THE DEPUTY COLLECTOR, S.D.O. II, (LAO), MARGAO AND ANR.

...Respondents

Ms. J. Sawaikar, Advocate for the applicants. Ms. Sapna Mordekar, Additional Government Advocate for the respondents.

CORAM: M. S. SONAK, J DATE : 3 rd January 2022 P.C. :

1.

Heard Ms. J. Sawaikar, learned counsel for the applicants and Ms. Sapna Mordekar, learned Additional Government Advocate for the respondents.

2.

By this application, the applicants seek withdrawal of 50% of the entire compensation amount of 37,76,34,560/- deposited ₹ by the original appellants before this Court. This amount represents the compensation awarded to the applicants by the impugned award made under the provisions of the Land Acquisition Act.

3rd January 2022

34-MCA 278-21.DOC 3.

The applicants are permitted to withdraw 50% of the aforesaid amount provided they file necessary undertaking in this Court that such withdrawal shall abide by the final orders in this appeal and if, the applicants are directed to bring back this amount alongwith appropriate interest they shall do so within a period of eight weeks or such other period as indicated in the judgment and order disposing of the appeal.

4.

A copy of the undertaking to be furnished in advance to the learned Additional Government Advocate for the respondents. If there are any objections to the undertaking, the learned Additional Government Advocate is at liberty to point out such objections to the learned Registrar (Judicial). 5.

The Misc. Civil Application is disposed of in the aforesaid terms.

M. S. SONAK, J Date: 2022.01.04 10:16:59 +05'30'

TARI AMRUT NAGESH 3rd January 2022