Shri. Ramesh Mahadev Mali vs Managing Director, City ...
2022 Latest Caselaw 6109 Bom

                     KVM

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                                                                          910 - WP 13417 OF 2018.doc



                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
KANCHAN   Digitally signed
          by KANCHAN
                                     CIVIL APPELLATE JURISDICTION
VINOD     VINOD MAYEKAR
          Date: 2022.07.01
MAYEKAR   19:35:34 +0530
                                     WRIT PETITION NO. 13417 OF 2018

                     Ramesh Mahadev Mali                                ..... Petitioner
                           VERSUS
                     Managing Director,
                     City Industrial Development Corporation
                     & Ors.                                             ..... Respondents

                     Mr. Surel S.Shah, a/w. Mr.A.A.Jadhavar, Mr.M.C.Kumbhar, Mr.Arif
                     Jarkhande, i/b. Mr.Sachin K.Hande for the Petitioner.

                     Mr.Yogesh Bhoge, i/b. Jurisperitus Mumbai for Respondent nos. 1 and
                     2.

                     Mr.A.I.Patel, Addl. G.P., a/w. Mr.Ravi P.Kadam, A.G.P. for the State -
                     Respondent nos. 3 and 4.

                                               CORAM: R. D. DHANUKA AND
                                                      M.G. SEWLIKAR, JJ.

DATE : 30th JUNE, 2022

P.C:-

This matter appeared on 6th January, 2022 before this Court. Mr.

Shah, learned counsel for the petitioner fairly invited our attention to

the judgment of Hon'ble Supreme Court delivered by the Constitution

Bench in case of Indore Development Authority vs. Manoharlal &

Others, reported in AIR 2020 SC 1496 and states that in view of the

principles of law laid down by the Hon'ble Supreme Court in the said KVM

910 - WP 13417 OF 2018.doc

judgment, this petition does not survive.

2. Insofar as payment of compensation is concerned, Mr. Kadam

learned A.G.P. invited our attention to the averments made in paragraph

(3) of the affidavit in reply dated 7th February, 2020 filed by

Ms.Ashwini Patil, Deputy Collector (Land Acquisition), Metro Centre

No.1, Uran, District Raigad stating that the compensation amount of

Rs. 35,573/- has been deposited in the revenue account. He states that

if the petitioner desires, the petitioner can withdraw the said amount.

Statement is accepted.

3. The petitioner is at liberty to withdraw the said amount of Rs.

35,573/- with accrued interest, if any. If any such application for

withdrawal is filed, the authority shall permit the petitioner to withdraw

the said amount with accrued interest, if any.

4. Writ petition is disposed of in the aforesaid terms. No order as

to costs.

      [M.G. SEWLIKAR, J.]                   [R. D. DHANUKA, J.]