Chandrakant Yeshwant Jasud And ... vs The State Of Maharashtra (Through ...
2021 Latest Caselaw 17862 Bom

                                        8-1-IA3632-2021INFAST4779-2019-WITHDRAWAL.DOC

                                                                                Santosh
                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION


                           INTERIM APPLICATION APPLICATION NO. 3632 OF 2021
                                                   IN
                                   FIRST APPEAL (ST) NO. 4779 OF 2019

         Digitally
                      Chandrakant Yeshwant Jasud & ors.                 ...Applicants
         signed by
         SANTOSH      In the matter between
SANTOSH SUBHASH
SUBHASH KULKARNI
KULKARNI Date:        The State of Maharashtra & anr.                   ...Appellants
         2021.12.23
         14:47:13                          Versus
         +0530
                      Chandrakant Yeshwant Jasud & ors.                ...Respondents

                      Mr. Jayesh Joshi, for the Applicants/Respondents.
                      Mr. Y. Y. Dabake, AGP for the State - Appellants.

                                                CORAM:     N. J. JAMADAR, J.

                                                DATED :    22nd DECEMBER, 2021
                      PC:-

1. This application is preferred by the applicants - original

claimants seeking permission to withdraw the amount of

compensation deposited by the appellants in terms of the

judgment and award dated 11th August, 2017, passed by the

learned Civil Judge, Senior Division, Raigad-Alibaug in LAR

No.43 of 2009 (old LAR No.122/2009).

2. Heard Mr. Joshi, the learned Counsel for the applicants

and Mr. Dabake, the learned AGP for the State.

3. The learned AGP resisted the prayer for withdrawal. The

notification under Section 4 of the Land Acquisition Act, 1894

was issued on 16th November, 2006. Evidently, considerable

8-1-IA3632-2021INFAST4779-2019-WITHDRAWAL.DOC

time has lapsed and the applicants - landlord have yet not

received the compensation in respect of the acquired land.

4. In this view of the matter, it may be expedient to allow the

applicants - original claimants to withdraw 50% of the amount

of the compensation along with interest accrued thereon,

subject to furnishing an undertaking before the reference Court,

to bring back the said amount along with interest at such rate

as may be decided by this Court, in the event the appeal is

allowed and the impugned award is set aside, varied and

modified.

5. The application stands disposed of.

[N. J. JAMADAR, J.]