Disposed

Bharat Trimbak Malwadkar v. Maharashtra Industrial Development Corporation Thr Its Div. Officer, Latur and Anr.

Bombay HC12 Feb 2016CA/1511/2016

Case brief

AI extract

What is this about?

Three civil applications pending before this court were disposed of. Applicants, who had deposited amounts regarding land acquisition compensation, were permitted to withdraw the balance fifty percent of the enhanced compensation granted in compliance with Supreme Court directions, discharging existing bank guarantees.

What did the court decide?

Withdrawal of the balance 50% amount from Fixed Deposit permitted; Bank guarantee discharged and to be returned; Interest on deposit permitted.

Bharat Trimbak Malwadkar Vs Maharashtra Industrial… — Land Acquisition | Bombay HC (2016)

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ca1279313.odt

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{1}

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.12793 OF 2013 IN FIRST APPEAL NO.1168 OF 2014

M.I.D.C., Latur

Applicant

Versus

Dr.Nagnath s/o Kumarappa Mashalkar, died, through his LRs & another

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Respondents

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Mr.S.B.Bhosale, advocate for applicant. Mr.S.V.Natu, advocate for Respondents No.1a to 1c. Mr.S.S.Dande, A.G.P. for Respondent No.2.

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WITH

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CIVIL APPLICATION NO.12795 OF 2013 IN FIRST APPEAL NO.1167 OF 2014

M.I.D.C., Latur

Applicant

Versus

Trimbak s/o Sangramappa Kadge, died, through his LRs & another

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Respondents

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Mr.S.B.Bhosale, advocate for applicant. Mr.S.V.Natu, advocate for Respondents No.1a to 1c & 2. Mr.B.V.Virdhe, A.G.P. for Respondent No.3.

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WITH

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CIVIL APPLICATION NO.12797 OF 2013 IN FIRST APPEAL NO.1166 OF 2014

M.I.D.C., Latur

Applicant

Versus

Bharat s/o Trimbak Malwadkar and another

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Respondents

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{2} ca1279313.odt

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Mr.S.B.Bhosale, advocate for applicant. Mr.S.V.Natu, advocate for Respondent No.1. Mr.S.K.Kadam, A.G.P. for Respondent No.2.

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CORAM : R.M.BORDE & A.I.S.CHEEMA, JJ. DATE : 12th February, 2016

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PER COURT:

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Since the directions issued by this Court in respect of deposit of amount are complied with, applications are disposed of.

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A.I.S.CHEEMA R.M.BORDE JUDGE JUDGE

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adb/ca1279313

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ca1279313.odt

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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CIVIL APPLICATION NO.1678 OF 2016 IN FIRST APPEAL NO.1168 OF 2014

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Smt.Pratibha w/o Nagnath Mashalkar and others

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Applicants

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Versus

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M.I.D.C., Latur & another

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Respondents

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Mr.S.V.Natu, advocate for applicants. Mr.S.B.Bhosale, advocate for Respondent No.1. Mr.S.S.Dande, A.G.P. for Respondent No.2.

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WITH

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CIVIL APPLICATION NO.1679 OF 2016 IN FIRST APPEAL NO.1167 OF 2014

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Smt.Shakuntalabai w/o Trimbakappa Kadge & others

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Applicants

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Versus

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M.I.D.C., Latur & another

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Respondents

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Mr.S.V.Natu, advocate for applicants. Mr.S.B.Bhosale, advocate for Respondent No.1. Mr.B.V.Virdhe, A.G.P. for Respondent No.2.

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WITH

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CIVIL APPLICATION NO.1511 OF 2016 IN FIRST APPEAL NO.1166 OF 2014

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Bharat s/o Trimbak Malwadkar

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Applicant

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Versus

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M.I.D.C., Latur & another

Respondents

ca1279313.odt

{4}

Mr.S.V.Natu, advocate for the applicant. Mr.S.B.Bhosale, advocate for Respondent No.1. Mr.S.K.Kadam, A.G.P. for Respondent No.2.

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CORAM : R.M.BORDE &

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A.I.S.CHEEMA, JJ. DATE : 12th February, 2016

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PER COURT:

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1 Leave to add.

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2 The applicants are seeking withdrawal of amount in accordance with the order passed by the Supreme Court in Civil Appeals No.13967, 13968 and 13973 of 2015, decided on 30.11.2015. This Court, while passing the order on 30.01.2015, on the Civil Applications tendered by applicants in First Appeals No.1166, 1167 & 1168 of 2014, permitted the applicants to withdraw 50% amount out of the amount deposited by the appellant – acquiring body in this Court. The applicants were permitted to withdraw 25% amount out of the amount deposited by the acquiring body in this Court on furnishing Bank guarantee, whereas, balance 25% amount was permitted to be withdrawn on furnishing undertaking.

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3 In view of the directions issued by the Supreme Court in the appeals referred to above, the applicants are permitted to withdraw 50% of the enhanced compensation granted to the claimants without security, whereas, balance 50% amount is permitted to be withdrawn on furnishing security to the satisfaction of the Collector. In this view of the matter, the applicants were permitted to withdraw the balance 50% amount deposited in Fixed Deposit in accordance with the directions issued

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{5}

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ca1279313.odt

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by this Court on 30.01.2015 on furnishing security to the satisfaction of the Collector. The Bank guarantee already furnished by the applicants while withdrawing 25% of the amount, in accordance with the order passed by this Court, stands discharged and shall be returned back.

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4 The applicants shall be permitted to withdraw interest accrued on the amount deposited in Fixed Deposit in accordance with the directives issued by the Division Bench of this Court on 30.01.2015 on furnishing security to the satisfaction of the Registrar (Judicial) of this Court.

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5 With these directions, Civil Applications stand disposed of.

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A.I.S.CHEEMA R.M.BORDE JUDGE JUDGE

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adb/ca1279313

Bharat Trimbak Malwadkar v. Maharashtra Industrial Development Corporation Thr Its Div. Officer, Latur and Anr.

Case brief

What is this about?

What did the court decide?

Bharat Trimbak Malwadkar v. Maharashtra Industrial Development Corporation Thr Its Div. Officer, Latur and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

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