Dattatraya Vyankatrao Bande v. The State Of Maharashtra And ORS

1 916CA5008.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

916 CIVIL APPLICATION NO. 5008 OF 2025 IN FA/1263/2022 Dattatraya Vyankatrao Bande

VERSUS

The State Of Maharashtra And Ors ...

Mr. Gajanan K. Sontakke - Advocate for Applicant Mr. R. D. Raut - AGP for Respondent/State ...

CORAM : NEERAJ P. DHOTE, J.

DATED : 30TH APRIL 2025 PER COURT : - 1.

This is an Application by the Original Claimant for withdrawal of the remaining 25% amount deposited by the Acquiring Body along with interest accrued thereon.

2.

Heard learned Advocate for the Applicant and the learned AGP for the State / Acquiring Body.

3.

There is no dispute that the Acquiring Body has deposited the 100% amount in this Court along with interest accrued thereon and this Court by order dated 21.04.2022 passed in Civil Application No. 6273 of 2022 in First Appeal [St.] No. 31253 of 2019 and connected matters has allowed the Applicants therein to withdraw 75% amount. SG Punde

2 916CA5008.2025.odt The said order shows that, after hearing both the sides, this Court permitted the Applicants to withdraw 75% amount. There is no dispute that the hike in the compensation enhanced by the learned Reference Court is more than six (6) times than the compensation awarded by the Special Land Acquisition Officer. When this Court has already considered the contentions of the parties at the time of considering previous Application and passed the said order, I am not inclined to allow the Application and permit the Applicant to withdraw the remaining amount.

4.

In view of above, Application stands dismissed. [NEERAJ P. DHOTE] JUDGE Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 03/05/2025 18:52:20 SG Punde