Partly allowed

The Exe. Engineer, Seena Kolegaon Med. Pro. (Krishna Khore), M.I.W. Div., Osmanabad and Others v. Barikrao Krishna Kasab

Bombay HC11 Oct 2024CA/8225/2022

Case brief

AI extract

What is this about?

Interlocutory orders in land acquisition appeals: delay in filing civil applications condoned; stay granted in terms of prayer clause (B) as the entire amount was deposited in Court; claimants permitted to withdraw 75% of deposited amount with accrued interest on usual undertaking.

What the court decided

AI extract

The Exe. Engineer, Seena Kolegaon Med. Pro. (Krishna Khore)… — Land Acquisition | Bombay HC (2024)

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63 ca.11857.23.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD.

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63 CIVIL APPLICATION NO. 11857 OF 2023 IN FAST/6107/2022

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PRAMILABAI W/O MURLIDHAR KASAB VERSUS

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THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, OSMANABAD AND ORS

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Advocate for Applicant : Mr. Abhijit S. More.

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AGP for Respondent/State : Mr. K. B. Jadhavar. Advocate for Respondent No.3 : Mr. M. N. Kalyane, h/f Mr. G. B. Rajale.

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AND

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CIVIL APPLICATION NO. 8224 OF 2022 IN FAST/5761/2022

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THE EXE. ENGINEER, SEENA KOLEGAON MED. PRO. (KRISHNA KHORE), M.I.W. DIV., OSMANABAD AND OTHERS

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VERSUS

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BARIKRAO KRISHNA KASAB

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Advocate for Applicant : Mr. Gulab B. Rajale. AGP for Respondent/State : Mr. K. B. Jadhavar.

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AND

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CIVIL APPLICATION NO. 8225 OF 2022 IN FAST/5761/2022

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THE EXE. ENGINEER, SEENA KOLEGAON MED. PRO. (KRISHNA KHORE), M.I.W. DIV., OSMANABAD AND OTHERS VERSUS

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BARIKRAO KRISHNA KASAB

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Advocate for Applicant : Mr. Gulab B. Rajale.

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AGP for Respondent/State : Mr. K. B. Jadhavar.

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AND

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CIVIL APPLICATION NO. 8226 OF 2022 IN FAST/6107/2022

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THE EX. ENGINEER, SEENA KOLEGAON MEDIUM PROJECT (KRISHNA KHORE), M.I.W., DIV. OSMANABAD AND ORS

63 ca.11857.23.odt

VERSUS

PRAMILABAI W/O MURLIDHAR KASAB

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Advocate for Applicant : Mr. Gulab B. Rajale. Advocate for Respondent : Mr. Abhijit S. More.

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... AND

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CIVIL APPLICATION NO. 8227 OF 2022 IN FAST/6107/2022

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THE EX. ENGINEER, SEENA KOLEGAON MEDIUM PROJECT (KRISHNA KHORE), M.I.W., DIV. OSMANABAD AND ORS

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VERSUS

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PRAMILABAI W/O MURLIDHAR KASAB

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Advocate for Applicant : Mr. Gulab B. Rajale. Advocate for Respondent : Mr. Abhijit S. More.

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CORAM : KISHORE C. SANT, J.

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DATE : 11^th October, 2024.

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P.C.:

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On applications for condonation of delay:-

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. For the reasons stated in the applications, the delay stands

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condoned. The applications stand disposed of.

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On Stay applications:

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2 Since the applicant has deposited the entire amount in this Court

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as per the impugned judgment and award, there shall be stay in terms

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of prayer clause (B).

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On withdrawal of amount application:

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3 The learned counsel for applicant has placed on record a copy

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3 63 ca.11857.23.odt

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of order dated 29^th July, 2024 passed in Civil Application No.7682 of 2024. This Court allowed the claimants/respondents in the appeal to withdraw 75% of the amount deposited in the Court. Though the application is opposed by the learned counsel for respondent No.3, this Court is allowing the application since the order is already passed in similar matters. In view of the same, the following order is passed:

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O R D E R

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I. The application for withdrawal of amount is partly partly allowed.

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II. The applicant / original claimant is permitted to withdraw 75% of the amount deposited in this Court alongwith accrued interest on furnishing usual undertaken.

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[ KISHORE C. SANT, J. ]

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nga

The Exe. Engineer, Seena Kolegaon Med. Pro. (Krishna Khore), M.I.W. Div., Osmanabad and Others v. Barikrao Krishna Kasab

Case brief

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What the court decided

The Exe. Engineer, Seena Kolegaon Med. Pro. (Krishna Khore), M.I.W. Div., Osmanabad and Others v. Barikrao Krishna Kasab

Case brief

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