Disposed

Shri.Atmaram @Hausha Mahadeo Thakur Deceased Thr. Lrs. Smt. Mathurabai Atmaram @ Hausha Thakur and v. the State of Maharashtra (through the Special Land Acquisition Officer)

Bombay HC12 Jan 2024IA/7882/2023

Case brief

AI extract

What is this about?

Interim application by original land acquisition claimants in a first appeal seeking withdrawal of amounts deposited by the State in the Reference Court. Since a prior order already permitted 50% withdrawal on undertakings duly filed, that prayer was allowed; liberty granted to file fresh application for the balance.

What did the court decide?

Prayer clause (a) allowed; liberty to file fresh application for prayer clause (b).

Shri.Atmaram @Hausha Mahadeo Thakur Deceased Thr. Lrs. Smt… — Land Acquisition | Bombay HC (2024)

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31-IA-7882-2023.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO. 7882 OF 2023

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FIRST APPEAL NO. 610 OF 2021

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Digitally signed by TALLE TALLE SHUBHAM SHUBHAM ASHOKRAO ASHOKRAO Date: 2024.01.12 18:21:53 +0530

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Shri. Atmaram @Hausha Mahadeo Thakur …Applicants Deceased Thr. Lrs. Smt. Mathurabai Atmaram @ (Org. Hausha Thakur And Ors. Claimants) IN THE MATTER BETWEEN The State of Maharashtra ...Appellant

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Versus

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Shri. Atmaram @Hausha Mahadeo Thakur …Respondents Deceased Thr. Lrs. Smt. Mathurabai Atmaram @ Hausha Thakur And Ors.

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************

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Mr. Hemant P Ghadigaonkar, a/w Ms. Pallabi Chatterjee Advocate for Applicant.

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Ms. Tanaya Goswami, AGP for Respondent/state.

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CORAM : M.M. SATHAYE, J.

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DATE : 12^th JANUARY, 2024

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P.C. :

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This is an Application by Original Claimant for permission to withdraw 50% of the amount deposited by the State in the Reference Court At Alibaug. The matter is arising out of the Land Acquisition Act, 1894. The second prayer is for withdrawal of the remaining 50% amount also, on furnishing bank guarantee.

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So far as the first prayer is concerned, it is rightly pointed out by learned Counsel for the Applicants that already under

Page 1 of 2

Shubham Talle

31-IA-7882-2023.doc

Order dated 22.12.2021, the Applicants are permitted to withdraw the 50% of the amount on the condition of filing an undertaking as directed under the said Order. It is common ground that necessary undertakings are already filed by the Applicants in the Reference Court.

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In that view of the matter, the Interim Application is allowed in terms of prayer clause (a).

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So far as prayer clause (b) is concerned, learned counsel for the Applicants seeks liberty to file fresh Application. Interim Application is disposed of with liberty as prayed.

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All concerned to act on authenticated or digitally signed copy of this order.

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Page 2 of 2

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Shubham Talle

Shri.Atmaram @Hausha Mahadeo Thakur Deceased Thr. Lrs. Smt. Mathurabai Atmaram @ Hausha Thakur and v. the State of Maharashtra (through the Special Land Acquisition Officer)

Case brief

What is this about?

What did the court decide?

Shri.Atmaram @Hausha Mahadeo Thakur Deceased Thr. Lrs. Smt. Mathurabai Atmaram @ Hausha Thakur and v. the State of Maharashtra (through the Special Land Acquisition Officer)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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