LAWS(BOM)-2008-3-304

VIMALBAI CHINDU BAVASKAR Vs. SPECIAL LAND ACQUISITION OFFICER

Decided On March 19, 2008
Vimalbai Chindu Bavaskar Appellant
V/S
SPECIAL LAND ACQUISITION OFFICER Respondents

JUDGEMENT

(1.) Heard.

(2.) Rule returnable forthwith. With the consent of counsel appearing for the parties, the petition is taken up for final disposal.

(3.) The petitioner claimed compensation in Land Acquisition Reference No.1419 of 2005 which was decided by the reference Court. The petitioner filed Regular Darkhast No.161 of 2005. The respondents deposited amount of Rs.7,17,945/- (Rs.Seven Lacs Seventeen Thousand Nine Hundred Forty Five) in reference Court. The petitioner filed an application (Exh.12 in trial Court) for withdrawal of the amount. The respondent filed say (Exh.13). The trial Court by an order dated 26/06/2006 permitted the petitioner to withdraw the amount after furnishing bank guarantee. A reference was given by the trial Court to the orders passed by this High Court in writ petitions No.3994 of 2002 and 4670 of 2002. The trial Court observed that in the facts of this case, the order passed by the High Court was not applicable.