Partly allowed

Govindji Walji Kumbhar D/H- Devidas Govindji Kumbhar @ Jethva and Othrs v. the State of Maharashtra

Bombay HC28 Jan 2008CAF/293/2008

Case brief

AI extract

What is this about?

The court permitted the applicants to withdraw one-third of the amount deposited by the State as an interim measure while reserving the merits of the compensation enhancement for the pending appeals.

What did the court decide?

Interim permission to withdraw 1/3rd of the deposited amount; balance 2/3rd to be invested by registry.

Govindji Walji Kumbhar D/H- Devidas Govindji Kumbhar @… — Land Acquisition | Bombay HC (2008)

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 CIVIL APPELLATE JURISDICTION

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 CIVIL APPLICATION NO.291 OF 2008
 IN
 FIRST APPEAL NO.152 OF 2006

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AND

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 CIVIL APPLICATION NO.292 OF 2008
 IN
 FIRST APPEAL NO.153 OF 2006

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AND

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 CIVIL APPLICATION NO.293 OF 2008
 IN
 FIRST APPEAL NO.154 OF 2006

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 Govindji Walji Kumbhar (decdased)
 through his Legal heirs Devidas
 Govindji Kumbhar & Ors. .. Applicants.

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 Versus

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 The State of Maharashtra .. Respondent.

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 Smt.Seema Sarnaik for the applicants.

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 Mr.K.K. Tated, G.P. for the State.

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CORAM : SWATANTER KUMAR, C.J. &
 J.P. DEVADHAR, J.
DATED : 28th January, 2008
 P.C. :

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 1. We have heard the learned counsel appearing
 for the parties. The application has been taken out
 for leave to withdraw the amount deposited by the
 State in furtherance to the order in reference
 passed by the learned Reference Court. The
 Collector had awarded approximately Rs.3.85 per
 square metre while the Reference Court has granted

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 Rs.625/- per square metre. The merits and legality
 of such enhancement is to be examined in the

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 appeals.

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 2. However, by way of interim order, we permit
 the claimants to withdraw 1/3rd of the deposited
 amount. The balance 2/3rd amount shall be invested

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 by the registry in accordance with law.

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 3. All the civil applications are disposed of
 accordingly.

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 4. First Appeals be placed for admission on

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 11th February, 2008.

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 CHIEF JUSTICE

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 J.P. DEVADHAR, J.

Govindji Walji Kumbhar D/H- Devidas Govindji Kumbhar @ Jethva and Othrs v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Govindji Walji Kumbhar D/H- Devidas Govindji Kumbhar @ Jethva and Othrs v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

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