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2026 DAILYLAW 6874 (BOM)

BANUBEE SK KADAR AND ORS. v. THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR AURANGABAD AND ANR.

CA/7786/2026 · 2026-09-03

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Judgment text

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( 1 ) 18-CA-7786-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 18 CIVIL APPLICATION NO. 7786 OF 2026 IN FA/2277/2024 Banubee Sk Kadar And Ors. VERSUS The State Of Maharashtra Through The Collector Aurangabad And Anr. WITH FIRST APPEAL NO. 2277 OF 2024 ... Mr. Harshwardhan A. Bajaj, Advocate for Applicants. Mr. S. R. Yadav-Lonikar, AGP for Respondent-State. Mr. Nitin Gangal (through VC) h/f Mr. S.V. Deshmukh, Advocate for Respondent No.2. CORAM : KISHORE C. SANT & JITENDRA JAIN, JJ. DATE : 03rd SEPTEMBER 2026. PC :- 1. Heard the parties. 2. The total amount of compensation awarded by the trial Court was Rs.58,98,32,098/- in the First Appeal. This Court has directed the Respondent/CIDCO to deposit the amount as calculated in their submissions. Out of this total amount Rs.20,20,99,040/- is already withdrawn by the applicant/claimant on an undertaking. 3. This application is now filed to permit claimants to withdraw remaining amount. Since the entire amount had not been deposited by the time the first application for withdrawal was allowed, this ( 2 ) 18-CA-7786-2026 application is now filed for permitting the applicants to withdraw further amount. Hearing the argument of this Court, equity would be met by passing following order: ORDER (i) Application stands allowed. (ii) The applicants are permitted to withdraw the amount of Rs.11,05,93,518/- i.e. 25% of the amount on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court. (iii) Remaining amount of Rs.1,90,87,996/- is allowed to be withdrawn on furnishing usual undertaking. (iv) The remaining amount be deposited in Fixed Deposit in any nationalized bank till final disposal of the appeal. (v) The amount, subject to undertaking, be withdrawn immediately on furnishing undertaking. The amount be deposited in joint bank accounts of the applicants as stated in paragraph or order dated 22/12/2025 passed by this Court in CA/13104/2025 in FA/2277/2024. (vi) With these, civil application stands disposed off. [JITENDRA JAIN, J.] [KISHORE C. SANT, J.] D.A.ETHAPE