Shri.Balkrushna Gajanan Mhatre ... vs The State Of Maharashtra (Thr. The ...
2023 Latest Caselaw 2567 Bom

Bhalchandra                                                    3-Fa-1041-2018.odt




             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION

                    INTERIM APPLICATION NO.2284 OF 2023
                                    IN
                       FIRST APPEAL NO. 1041 OF 2018

Balkrushna Gajanan Mhatre Since Decd.
Thr. LRs. Mahesh Balkrushna Mhatre And Ors. ...Applicants

IN THE MATTER BETWEEN

The State Of Maharashtra Thr.
The Special Land Acquisition Officer                 ...Appellant
        Versus
Balkrushna Gajanan Mhatre Since Decd.
Thr. LRs. Mahesh Balkrushna Mhatre And Ors. ...Respondents


                                      WITH
                       CIVIL APPLICATION NO.3441 OF 2018
                                       IN
                          FIRST APPEAL NO. 1041 OF 2018
                                       .....
Ms. Tanaya Goswami, AGP for the Appellant.
Mr. Sanjay A. Ghaisas for the Respondent Nos.1.1 & 1.2 to 5 for
Applicants/Respondents.
                                      .....

                                   CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 16th MARCH, 2023.

P.C.

1. Heard.

2. This Court by an Order dated 12 th June, 2019, on an

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Bhalchandra 3-Fa-1041-2018.odt

Application made by the Appellant-State, stayed the execution and

implementation of the Judgment and Award dated 30 th March, 2017 in

LAR No.783 of 2000 inter alia directing the Appellant to deposit the

entire amount of compensation alongwith interest within four weeks

from the date of Order before the Reference Court.

3. Learned AGP submits that as per the said Order, entire

amount has already been deposited in the Reference Court.

4. The Applicants now seek withdrawal of the amount of

Rs.69,55,318/- deposited by the State in the Reference Court.

5. Learned AGP objects for allowing the Applicants to

withdraw entire amount of Award with interest by stating that the

Applicants be allowed to withdraw only 50% of the amount.

6. Considering the fact that the Award came to be passed way

back in the month of March, 2017 and in view of the fact stated in the

Application that due to the acquisition of the land, the Applicants are

deprived of their livelihoods as well as the fact that the amount is

required for necessary family expenses, such as, daily family needs,

medicines, etc., it would be just and proper to allow the Applicants to

withdraw the entire amount with accrued interest.

7. As such, the Applicants are permitted to move an

Application seeking withdrawal of the amount deposited by the

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Bhalchandra 3-Fa-1041-2018.odt

Appellant-State stated as above by furnishing adequate security to the

satisfaction of the Reference Court.

8. Application is disposed off in aforesaid terms.

9. List the Appeal in the week commencing from 19 th June,

2023.

[PRITHVIRAJ K. CHAVAN, J.]

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