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Bombay High CourtCA/988/2026admittedallowedgrantedrule absolute

Namdev Lalsing Chavan v. The State Of Maharashtra Through Collector

2026-02-06Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2026:BHC-AUG:5449 1 83 ca 988.26

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 988 OF 2026 IN FIRST APPEAL STAMP NO. 26169 OF 2025 Namdev Lalsing Chavan .. Applicant

Versus

The State of Maharashtra, through the Collector Jalna and others .. Respondents Shri Swapnil Patunkar, Advocate i/by J. P. Legal Associates, Advocate for the Applicant.

Shri S. N. Morampalle, A.G.P. for the Respondent Nos. 1 to 3. CORAM : SHAILESH P. BRAHME, J.

DATE : 06TH FEBRUARY, 2026.

FINAL ORDER :

.

Heard both sides.

2.

Applicant seeks to withdraw an amount of Rs. 1,40,53,341/- deposited by the respondent - acquiring body. 3.

Application is contested by the learned A. G. P. on the ground that enhancement is more than eight times and exorbitant compensation is granted towards fruit bearing trees. 4.

I have considered the impugned judgment. It would be appropriate to permit the applicant to receive 75% of the amount

2 83 ca 988.26 deposited on certain conditions.

5.

The civil application is partly allowed. The applicant shall be disbursed with 50% of the amount deposited with accrued interest on furnishing undertaking and further 25% of the amount deposited with accrued interest on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court. Balance amount shall be invested in any nationalized bank. The civil application is disposed of. [ SHAILESH P. BRAHME J. ] bsb/Feb. 26