Murlidhar Narhari Nande (Died) ... vs The Ex. Engineer, Minor ...
2021 Latest Caselaw 15229 Bom

                                                            21(b)-ca-11647-2021.odt




             IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                        BENCH AT AURANGABAD
                      CIVIL APPLICATION NO. 11647 OF 2021
                                      IN
                         FIRST APPEAL NO. 3589 OF 2019
 1.   Murlidhar Narhari Nande
      Since deceased through L.Rs.
 1-A. Kaushalya Murlidhar Nande and another ... Applicants
                  Versus
 The State of Maharashtra and others             ... Respondents
                                    ....
 Mr. N. R. Thorat, Advocate h/f Mr. R. K. Shingnapure, Advocate for
 applicants
 Mr. S. N. Morampalle, AGP for respondent No.1
 Mr. H. P. Kshirsagar, Advocate for respondent No.3
                                   ....

                                   CORAM : R. G. AVACHAT, J.

DATED : 25th OCTOBER, 2021

PER COURT :-

. Heard.

2. This Court, vide order dated 01.10.2021, in Civil

Application No.3528 of 2021, observed that the enhancement is not

more than four times of the amount offered by the Special Land

Acquisition Officer. It has also been observed that interest was rightly

awarded in terms of Full Bench judgment of this Court in the case of

State of Maharashtra v. Kailash Shiva Rangari - AIR 2016 BOMBAY

141.

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 3.               While reading     the order        being      relied upon             for

withdrawal of the amount deposited in present appeal, it is realised

that the interest has been awarded in breach of Full Bench judgment

of this Court. The applicants therein are therefore directed not to

withdraw the amount until further orders.

4. Heard. Perused the impugned award.

5. It appears that the interest has been awarded in breach

of Full Bench judgment of this Court.

6. In the fitness of things, the applicants are permitted to

withdraw 75% of the amount in deposit with this Court on

furnishing undertaking that in case the appeal is allowed and they

are directed to pay back the amount, the same will be paid back

along with interest @ 5% p.a. to the Acquiring Body from the date of

receipt of the amount to the date of repayment thereof.

7. The civil application stands disposed of.

[ R. G. AVACHAT, J. ]

SMS

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