The State Of Maharashtra (Thr. The ... vs Smt. Babeebai Babya @ Baburao ...
2022 Latest Caselaw 5933 Bom

                                                                                44-i- ia 3 3215-22.doc


                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION


                                        INTERIM APPLICATION NO. 3215 OF 2022
                                                        WITH
                                         INTERIM APPLICATION NO. 3664 OF 2021
                                                          IN
                                           FIRST APPEAL (ST) NO. 7779 OF 2021


                        The State of Maharashtra
                        through the Deputy Collector,
                        (Land Acquisition) Raigad                          ..Applicant

                                        v/s.

                        Smt. Babeebai Babya @ Baburao Tandel
                        & Ors.                                             ..Respondents


                        Mr.N.B.Patil, A.G.P. for the State .
                        Mr. Hemant Ghadigaonkar a/w.. Pallavi Chatterjee for the Respondent.

                                                   CORAM : ANUJA PRABHUDESSAI, J.

DATED : 27th JUNE, 2022.

P.C.

1. Learned AGP states that the entire compensation, along with

interest and statutory benefit has been deposited before the Reference

Court.

2. In the light of the said statement, implementation and execution

of the impugned Judgment and Award is stayed pending final hearing of

the appeal.

3. Learned Counsel for the Respondent- Original Claimant states that Digitally signed by PRASANNA P the Respondents be permitted to withdraw 50% of the compensation. PRASANNA P SALGAONKAR SALGAONKAR Date:

2022.06.29 12:35:59 +0530

P P SALGAONKAR 1 of 2 44-i- ia 3 3215-22.doc

Having perused the impugned judgment and after considering the

grounds raised in the appeal memo, the Respondent-Original Claimants

are permitted to withdraw 50% of the compensation along with

proportionate interest accrued thereon, subject to filing an undertaking

that the amount will be refunded with interest, in the event the Appellant

succeeds in the appeal.

4. Balance 50% shall be deposited in Fixed Deposit in any

nationalized bank, till further orders.

5. Civil Application stands disposed of.

                                                           (ANUJA PRABHUDESSAI, J.)




P P SALGAONKAR                                                                           2 of 2