Daulat Parbat Patil (Died) Thr ... vs The State Of Maharashtra Through ...
2021 Latest Caselaw 9488 Bom

                                                                         CA-6535-2021.odt


                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            BENCH AT AURANGABAD

                          CIVIL APPLICATION NO.6430 OF 2021
                            IN FIRST APPEAL NO.203 OF 2021

Daulat Parbat Patil (died)
Through His L.Rs.
1. Saralabai w/o. Daulat Patil
and ors.                                            ..Applicants
        Vs.
The State of Maharashtra
and ors.                                            ..Respondents

                                      ----
Mr.V.B.Patil, Advocate for applicants
Mr.A.M.Phule, AGP for respondent nos.1 and 2
Mr.S.G.Bhalerao, Advocate for respondent no.3
                                      ----

                                    CORAM : R.G. AVACHAT, J.

DATE : JULY 19, 2021 ORDER :-

1. Heard.

2. Mr. Bhalerao, learned counsel for the acquiring body, has strong

objection for withdrawal of amount. According to him, the award is hit by the

Full Bench judgment of this Court in State of Maharashtra Vs. Kailash Shiva

Rangari; 2016 (3) Mh.L.J. 457. Moreover, the compensation has been awarded

for the lands along with fruit bearing trees. Same is not permissible.

3. Considering the rival submissions, the applicants are permitted to

CA-6535-2021

withdraw 50% of the amount deposited in this Court, on furnishing usual

undertaking to the satisfaction of learned Registrar (Judicial) of this Court.

4. The Civil Application stand disposed of accordingly.

[R.G. AVACHAT, J.]

SSD

CA-6535-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

CIVIL APPLICATION NO.6433 OF 2021 IN FIRST APPEAL NO.203 OF 2021

Daulat Parbat Patil (died) Through His L.Rs.

1. Saralabai w/o. Daulat Patil and ors. ..Applicants Vs.

The State of Maharashtra
and ors.                                             ..Respondents

                                              ----

Mr.V.B.Patil, Advocate for applicants Mr.A.M.Phule, AGP for respondent nos.1 and 2 Mr.S.G.Bhalerao, Advocate for respondent no.3

----

CORAM : R.G. AVACHAT, J.

DATE : JULY 19, 2021 ORDER :-

1. Heard.

2. For the reasons given in the application, the same is allowed in

terms of prayer clause (B).

[R.G. AVACHAT, J.]

SSD