Nivarutti Santu Mohite Died Thr His Lrs Nanasaheb Nivarutti Mohite And Another v. The State Of Maharashtra And Others

9-CA-4559-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 9 CIVIL APPLICATION NO. 4559 OF 2025 IN FA/3946/2019 Nivarutti Santu Mohite Died Thr His Lrs Nanasaheb Nivarutti Mohite and Another ....Applicants

VERSUS

The State of Maharashtra and Others .....Respondents .....

Mr. Barate Annasaheb Rajendra, Advocate for the Applicants Mr. R. B. Dhaware, AGP for the Respondents - State .....

CORAM

:

NEERAJ P. DHOTE, J.

DATE :

28.04.2025 PER COURT :

1.

This is an Application for withdrawal of the amount by the Original Claimants, deposited by the State in the Appeal preferred against the Judgment and Award dated 16/08/2011, passed by the learned Joint Civil Judge, Senior Division, Osmanabad, in Land Acquisition Reference [LAR] No.34/2005. 2.

It is submitted by the learned Advocate for the Applicants that, the amount enhanced by the learned Reference Court is within four [4] times of the compensation awarded by the Special Land Acquisition Offcer [SLAO]. He submits that, the Applicants be allowed to withdraw the amount along with interest accrued thereon.

3.

The learned AGP submits that, considering the amount of compensation awarded by the SLAO and the amount enhanced by the learned Reference Court is within four [4] times, the Application can be considered.

9-CA-4559-2025.odt 4.

In view of the above, the Application is allowed in the following terms :- [a] The Applicants are permitted to withdraw the entire amount deposited by the Appellant - State along with interest accrued thereon. 75% amount is allowed to be withdrawn by tendering usual undertaking by the Applicants to the satisfaction of the Registrar [Judicial] of this Court and the remaining 25% amount is allowed to be withdrawn on furnishing Solvent Surety / Security / Bank Guarantee to the satisfaction of the Registrar [Judicial] of this Court.

[b] Civil Application stands disposed off accordingly. 5.

Appeal be kept for fnal hearing on 05/05/2025. [NEERAJ P. DHOTE, J.] Sameer/April-2025 Signed by: Md. Sameer Q.

Designation: PA To Honourable Judge Date: 29/04/2025 19:38:29