Advocates:
['SACHIN S KORANNE', 'A S BAJAJ', '', 'COPY NOT SERVED ON G P']

1 CA/ 4400 /2018+

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CIVIL APPLICATION NO. 4400 OF 2018 IN

FIRST APPEAL NO. 416 OF 2000

M/S. LANDMARK DEVELOPERS THROUGH PARTNERS

VERSUS

CITY AND INDUSTRIAL DEVELOPMENT CORPORATION

AND OTHERS

WITH

CIVIL APPLICATION NO. 12821 OF 2018 IN

CIVIL APPLICATION NO. 4400 OF 2018 IN

FIRST APPEAL NO. 416 OF 2000

M/S. LANDMARK DEVELOPERS THROUGH PARTNERS

VERSUS

CITY AND INDUSTRIAL DEVELOPMENT CORPORATION,

AURANGABAD THROUGH ADMINISTATOR AND ANOTHER

WITH

CIVIL APPLICATION NO. 13475 OF 2018 IN

CIVIL APPLICATION NO. 4400 OF 2018 IN

FIRST APPEAL NO. 416 OF 2000

M/S. LANDMARK DEVELOPERS THROUGH PARTNERS

VERSUS

CITY AND INDUSTRIAL DEVELOPMENT CORPORATION,

AURANGABAD THROUGH ADMINISTATOR AND ANOTHER

AND

CIVIL APPLICATION NO. 5916 OF 2018 IN CA/4400/2018

IN FIRST APPEAL NO. 416 OF 2000

PADMAKAR HARIBHAU MULAY

VERSUS

M/S. LANDMARK DEVELOPERS THROUGH PARTNERS AND OTHERS

...

Mr. V.J. Dixit, Sr. Advocate h/f. Mr. S.S. Koranne, Advocate for

applicant in CA/4400/2018, CA/12821/2018 and CA/13475/2018

Mr. A.S. Bajaj, Advocate for respondent no.1 in CA/4400/2018 and

CA/12821/2018

Mr. S.N. Kendre, AGP for respondent-State

Mr. S.T. Shelke, Advocate for applicant in CA/5916/2018

...

2 CA/ 4400 /2018+

CORAM : SUNIL P. DESHMUKH &

K.K. SONAWANE, JJ.

DATE : 29-10-2018

ORDER :

1.

In respect of land under acquisition against decision in

Land Acquisition Reference No. 861 of 1997, aforesaid first appeal

bearing no. 416 of 2000 was preferred by the acquiring body - City

and Industrial Development Corporation, which has been

dismissed and Special Leave Petition by City and Industrial

Development Corporation as well, stood dismissed, however, it is

being referred to that review of order in Special Leave Petition, is

pending.

2.

Learned counsel for applicant fairly refers to that there

had been a civil litigation pending between present applicants and

applicant in civil application no. 5916 of 2018 in respect of a

portion of land from land under acquisition concerned in first

appeal no. 416 of 2000. Parties in said civil litigation have reached

a settlement in the civil court. Learned counsel for applicant

further submits that pursuant to the same, applicant in civil

application no. 5916 of 2018 would have to be paid share from

land acquisition compensation being received by the applicant

herein i.e. M/s. Landmark Developers. He further refers to that

3 CA/ 4400 /2018+

from the amount so withdrawn from this court, his share, as

referred to in application tendered today, would be paid to him.

3.

Learned counsel for applicant in civil application

no. 5916 of 2018 does not want to object to request made in civil

application no. 4400 of 2018 as well as civil application no. 13475

of 2018 filed today.

4.

During the course of hearing, learned counsel Mr. Bajaj

for acquiring body City and Industrial Development Corporation

submits that withdrawal, if allowed, be made subject to filing an

undertaking before this court, as amount so withdrawn would be

deposited with the acquiring body or in this court immediately.

5.

Looking at that, the award of land acquisition reference

which had been challenged by City and Industrial Development

Corporation in this court, had not been disturbed by this court and

further that Special Leave Petition preferred by City and Industrial

Development Corporation has already been dismissed, it is difficult

to accede to the request being made of filing undertaking. Further,

needless to refer to that, the withdrawal of amount by applicants

would always be subject to decision in review petition pending

before supreme court.

4