Shankar Narayan Almale And 2 ORS v. The State Of Maharashtra Thr Collector, Osmanabad

2025:BHC-AUG:13004 926-CA.5034-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 926 CIVIL APPLICATION NO. 5034 OF 2025 IN FA/592/1992 SHANKAR NARAYAN ALMALE AND 2 ORS

VERSUS

THE STATE OF MAHARASHTRA THR COLLECTOR, OSMANABAD ...

Advocate for Applicant : Mr. Vivekanand Manoharrao Maney. AGP for Respondent/s-State : Mrs. Chaitali Choudhari Kutti. ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 02.05.2025 PER COURT :- 1.

Applicant is seeking permission to receive the amount with accrued interest which is calling to be share. 2.

First appeal for enhancement of compensation was preferred by three claimants including the applicant. The appeal was finally decided on 09.06.2009 enhancing the compensation. Accordingly, the amount of enhanced compensation was deposited by the acquiring body in this Court. Other two claimants withdrew the amount to their share vide order dated 02.03.2021. which is annexed to the application. The applicant was not in a position to claim withdrawal of amount of his share which he is pressing into service by the present applicant. The entitlement of the

926-CA.5034-25.odt applicant is not in dispute. His share which has accrued interest is still intact. He is entitled to receive the same as it is done in case of other two claimants.

3.

Civil application is allowed in terms of prayer clauses "B" and "C".

(SHAILESH P. BRAHME, J.) ...

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