Disposed

Anusayabai Baliram Magar Died through LRs Sambhaji Shivaji Magar and Anr. v. the State of Maharashtra through the Collector Osmanabad and Ors.

Bombay HC7 Feb 2024CA/1267/2024

Case brief

AI extract

What is this about?

Claimants who had earlier been permitted to withdraw half of deposited compensation on undertaking sought relaxation of the bank guarantee condition for the balance. Court allowed withdrawal of remaining 50% with accrued interest on furnishing solvent surety/security.

What the court decided

AI extract

Anusayabai Baliram Magar Died through LRs Sambhaji Shivaji… — Land Acquisition | Bombay HC (2024)

¶1

¶2

ca1267.24.odt

¶3

IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

¶4

977 CIVIL APPLICATION NO. 1267 OF 2024 IN FA/3636/2016

¶5

Anusayabai Baliram Magar (Deceased through LRs) & another ….Applicants

¶6

VERSUS

¶7

The State Of Maharashtra & others …..Respondents

¶8

….. Mr. L. C. Patil, Advocate for the applicants. Mr. S. V. Hange, AGP for the State. Mr. R. A. Tambe, Advocate for respondent No. 3.

¶9

WITH CIVIL APPLICATION NO. 1268 OF 2024 IN FA/3638/2016 WITH CIVIL APPLICATION NO. 1271 OF 2024 IN FA/3639/2016

¶10

CORAM : R. M. JOSHI, J. DATE : 7^th FEBRUARY, 2024.

¶11

PER COURT :

¶12

These applications are moved seeking modification in the order dated 12^th October, 2017. This Court was pleased to allow the applicants/original claimants to withdraw the entire amount deposited in this Court by the appellant/acquiring body. While allowing the application 50% amount was directed to be withdrawn on furnishing undertaking that in the event of adverse order is passed, then the amount of compensation would be refunded/re-

¶13

¶14

ca1267.24.odt

¶15

deposited in this Court within two (02) months from the date of order. Remaining amount of 50% was directed to be withdrawn on furnishing bank guarantee. The applicants pursuant to the order passed by this Court withdrew the amount of 50% on furnishing undertaking.

¶16

The applicants have now filed these applications seeking relaxation of condition of furnishing bank guarantee. A difficulty is therefore expressed that the applicants are not in a position to furnish bank guarantee. A relaxation is therefore prayed for. Now, the applicants pray that instead of bank guarantee they may be permitted to furnish solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court and to that extent modification is sought in the order dated 12^th October, 2017. This Court has already passed similar order in Civil Application No. 475/2024.

¶17

In view of the same, these applications also stand allowed in terms of prayer clause (B). The Registrar (Judicial) of this Court to accept the solvent surety/security to his satisfaction. The Registrar (Judicial) to allow the applicants to withdraw remaining 50% amount on furnishing solvent surety/security. The Registrar

¶18

ca1267.24.odt

¶19

(Judicial) to accept the solvent surety/security in place of bank guarantee, if it is valid on date of this order. The order dated 12^th October, 2017 is modified to that extent. The amount deposited in this Court be permitted to be withdrawn by the applicants along with accrued interest.

¶20

In view of above, civil applications stand disposed of.

¶21

dyb

Anusayabai Baliram Magar Died through LRs Sambhaji Shivaji Magar and Anr. v. the State of Maharashtra through the Collector Osmanabad and Ors.

Case brief

What is this about?

What the court decided

Anusayabai Baliram Magar Died through LRs Sambhaji Shivaji Magar and Anr. v. the State of Maharashtra through the Collector Osmanabad and Ors.

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sachin Shahaji Lande and Ors. vs Sumant Prabhu Jadhvar and Ors.

Vinita Dighe vs the State of Maharashtra Thr Dept. of Coop Soc and Ors.

Saraswati Medical Foundation and Research Centre, Kolhapur vs Joint Charity Commissioner, Kolhapur District, Kolhapur

Mohammed Affan Shaikh vs State of Maharashtra

Anant Karbhari Pangavhane Died through Lr S Vs Baburao Warnan Kadam

Ashabai Shivaji Magar Died through LRs Samabhaji Shivaji Magar and Anr. Vs the State of Maharashtra, through the Collector, Somanabad and Ors.