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2015 Supreme(SC) 1329

H. L. DATTU, C. NAGAPPAN, AMITAVA ROY
Baburao S/o. Govindrao Gaikwad – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Dr. R.R. Deshpande, Mr. Yuvraj Baburao Gaikwad, Mr. Sudhanshu S. Choudhari
For the Respondents: Ms. Ramni Taneja, Mr. Anil Shrivastav, Mr. Nishant Ramakantrao Katneshwarkar, Mr. Nitin Lonkar

ORDER :

1. Leave granted in the Special Leave Petitions.

Civil Appeals @ S.L.P. (C) Nos. 23595-23596/2014:

2. These appeals are directed against the interim order(s) passed by the High Court of Judicature at Bombay, Aurangabad Bench in Civil Application No.1417 of 2011 and 340 of 2014 in First Appeal No.1367 of 2010, dated 09.02.2011 and 14.02.2014. By the impugned interim order(s), the High Court has rejected the reasonable prayer made by the appellants-herein.

3. Having heard learned counsel for the parties to the lis, we are of the opinion that the prayer made by the appellants requires to be accepted and granted. Accordingly, we pass the following order :

“We direct that 50% of the enhanced compensation granted to the appellants shall be released without security whereas balance of 50% shall be released to them on furnishing security to the satisfaction of the Collector.”

4. The appeals are disposed of accordingly.

Civil Appeal @ S.L.P. (C) No. 23598 of 2014:

This appeal is also disposed of in the same terms, conditions, observations and directions as in Civil Appeals @ S.L.P. (C) Nos. 23595-23596 of 2014.

Ordered accordingly.

ORDER :

Leave granted.

Delay, if any, is condoned.

The appeals

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