Shailendra Irappa Mitkari v. the State of Maharashtra, through Collector, Osmanabad
Case brief
What is this about?
Bombay High Court, Aurangabad Bench; Civil Application No.13500 of 2024 in First Appeal No.2705 of 2019; Shailendra Irappa Mitkari v. State of Maharashtra (through Collector, Osmanabad); decided 05-05-2025 by Neeraj P. Dhote, J. Interim release of land-acquisition compensation deposited before the Reference Court pending the Acquiring Body's first appeal against enhancement award in LAR No.121/2011 (Omerga): 50% withdrawal permitted — half on usual undertaking, half on solvent security/surety/bank guarantee — where enhancement was 25 times the Special Land Acquisition Officer's award; contrasted with earlier 60% release order dated 24.09.2021 in connected Civil Application No.10060 of 2021 in First Appeal No.2826 of 2019. Keywords: withdrawal of deposited compensation, usual undertaking, solvent surety, bank guarantee, Land Acquisition Act, Reference Court deposit.
What did the court decide?
Permission to the Applicant/Claimant to withdraw 50% of the amount deposited by the Acquiring Body before the learned Reference Court: 25% with accrued interest on furnishing usual undertaking, and the remaining 25% with accrued interest on furnishing solvent security/surety/Bank Guarantee, each to the satisfaction of the learned Reference Court; application disposed of accordingly.