Single judge allowed civil applications in former Fazilka lands acquisition proceedings, permitting withdrawal of 50% deposited compensation without security and the balance on furnishing security to the Collector.
Permitted withdrawal of 50% of deposited compensation without security; balance 50% on furnishing security to Collector.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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APPLN2437.2017.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD.
CIVIL APPLICATION NO. 2437 OF 2017 IN
FIRST APPEAL NO.2129 OF 2016
Vishrantibai Vishwambhar Mhaske .. Applicant
Versus
The State of Maharashtra & Ors. .. Respondents
Mr. Satish S. Manale, Advocate for the applicant Mr S. P. Sonpawale, AGP for respondent/State Mr. B.S. Deshmukh, Advocate for respondent no.2
WITH
CIVIL APPLICATION NO. 2436 OF 2017 IN FIRST APPEAL NO.2130 OF 2016
CIVIL APPLICATION NO. 2434 OF 2017
IN FIRST APPEAL NO.2132 OF 2016
CIVIL APPLICATION NO. 2431 OF 2017
IN FIRST APPEAL NO.2136 OF 2016
CIVIL APPLICATION NO. 2432 OF 2017
IN FIRST APPEAL NO.2135 OF 2016
CIVIL APPLICATION NO. 2433 OF 2017
IN
FIRST APPEAL NO.2134 OF 2016
APPLN2437.2017.odt
2
CORAM: P.R. BORA, J. DATE : 13TH JUNE, 2017
Per Court :
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APPLN2437.2017.odt
the same acquisition proceedings the Hon'ble Apex Court has permitted withdrawal of 50% of the amount of enhanced compensation without security and has also permitted the claimants to withdraw the balance 50% amount on furnishing security to the satisfaction of the Collector, the same order needs to be passed in the present applications also. In so far as the objection raised by the learned AGP in an application being Civil Application No.2436/2017, the learned advocate for the applicant invited my attention to para nos. 8 to 10 of the judgment of the reference Court. In view of the discussion made by the reference Court in the aforesaid paragraphs, the objections raised by the learned AGP may not sustain. I am, therefore, inclined to pass the following order.
O R D E R
1. The applications are allowed.
3. Civil Applications stand disposed of.
[ P. R. BORA, J. ]
ggp
Vishrantibai Vishwambhar Mhaske
The State of Maharashtra
Venkat Narayanrao Yadav
P.R. BORA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
