Suresh Bhoju Mali vs The State Of Maharashtra Through ...
2021 Latest Caselaw 9514 Bom

                                                                           88-CA-6393-21.odt



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                        CIVIL APPLICATION NO. 6393 OF 2021
                                        IN
                          FIRST APPEAL NO. 2192 OF 2020

Ramesh Punju Nikam                                        ..APPLICANT
      VERSUS
State of Maharashtra and Others                           ..RESPONDENTS

AND CA/6401/2021 IN FA/2149/2020 AND CA/6400/2021 IN FA/2148/2020
AND CA/6402/2021 IN FA/2150/2020 AND CA/6404/2021 IN FA/2180/2020
AND CA/6406/2021 IN FA/2181/2020 AND CA/6408/2021 IN FA/2191/2020
AND CA/6409/2021 IN FA/2174/2020 AND CA/6407/2021 IN FA/2183/2020
AND CA/6405/2021 IN FA/2182/2020 AND CA/6403/2021 IN FA/2194/2020
               AND CA/6410/2021 IN FA/2177/2020

                                          ....
Mr. V.B. Patil, Advocate for applicants
Mr. B.V. Virdhe, A.G.P. for respondent - State
Mr. S.G. Bhalerao, Advocate for respondent no.3 - acquiring body
                                        ....

                                                 CORAM : R.G. AVACHAT, J.

DATE : 19th JULY, 2021

PER COURT :

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 alongwith fruit bearing trees. Same is not permissible.

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88-CA-6393-21.odt

3. Considering the rival submissions, it is desirable to permit the

applicants to withdrawal 50% of the amount deposited in this Court on

furnishing usual undertaking to the satisfaction of Registrar (Judicial) of this

Court. Civil applications stand disposed of accordingly.

( R.G. AVACHAT, J. ) SSD

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