ca9451.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.9451 OF 2011 IN FIRST APPEAL NO.1092 OF 2011 Sukhdeo s/o Bhikaji Bhusare ...APPLICANT. VERSUS 1) The City and Industrial Development Corporation Ltd., Aurangabad and others. ...RESPONDENTS. ... Shri.K.D. Bade Patil Advocate for Applicant. Shri.A.S. Bajaj, Advocate for Respondent No.1. Shri.S.K. Kadam, A.G.P. for Respondent No.2. ... WITH CIVIL APPLICATION NO.7924 OF 2011 IN FIRST APPEAL NO.3534 OF 2008 1) Janardhan s/o Pandu Bhusare 2) Trimbak s/o Pandu Bhusare, 3) Shamrao s/o Pandu Bhusare (Died) Through L.Rs: 3a) Ashok s/o Shamrao Bhusare, ca9451.11 2 3b) Pankaj s/o Shamrao Bhusare, 3c) Shangita Kantaram Ghumare, 3d) Mangala Raju Murme, 3e) Shashikalabai Shamrao Bhusare, 4) Bhimrao s/o Pandu Bhusare (Died) Through L.Rs. 4a) Sulabai Bhimrao Bhusare, 4b) Meena Nanasaheb (Died) legal heirs are already on record, 4c) Anita Bhimrao Bhusare, 4d) Ganesh Bhimrao Bhusare ...APPLICANTS. VERSUS 1) The City and Industrial Development Corporation of Maharashtra, Aurangabad, and others. ...RESPONDENTS. ... Shri.D.R. Jaybhar Advocate for Applicants. Shri.A.S. Bajaj, Advocate for Respondent No.1. Shri.S.K. Kadam, A.G.P. for Respondent No.2. ... WITH CIVIL APPLICATION NO.7925 OF 2011 IN FIRST APPEAL NO.3532 OF 2008 1) Dada Ashruji Bhusare (Died) Through L.Rs. ca9451.11 3 2) Malanbai Dada Bhusare (Died) Through L.Rs. 2a) Bhausaheb Dada Bhusare, 2b) Sainath Dada Bhusare (Died), Through L.Rs. 2b1) Sumanbai Sainath Bhusare (Died) Through L.Rs. 2b2a) Krushna Sainath Bhusare, 2b2b) Suvarna Sainath Bhusare, 2b2c) Chandrakala Sainath Bhusare, 3) Bhausaheb Dada Bhusare, 4) Indubai Babasaheb Rate, 5) Sakharbai Vishwanath Chape ...APPLICANTS. VERSUS 1) The City and Industrial Development Corporation of Maharashtra, Aurangabad, and others. ...RESPONDENTS. WITH CIVIL APPLICATION NO.8723 OF 2011 IN FIRST APPEAL NO.660 OF 2009 1) Dhondiba s/o Santu Popale (Dead) Through L.Rs. ca9451.11 4 1a) Laxmibai w/o Dhondiba Popale (dead) 1b) Vithalrao s/o Dhondiba Popale ...APPLICANTS. VERSUS 1) The City and Industrial Development Corporation of Maharashtra, Aurangabad, and others. ...RESPONDENTS. WITH CIVIL APPLICATION NO.7896 OF 2011 IN FIRST APPEAL NO.666 OF 2009 Uttam s/o Yadav Khotkar ...APPLICANT. VERSUS 1) The City and Industrial Development Corporation of Maharashtra, Aurangabad, and others. ...RESPONDENTS. WITH CIVIL APPLICATION NO.7894 OF 2011 IN FIRST APPEAL NO.669 OF 2009 Mahadu s/o Eknath Khotkar (Dead) Through L.Rs. 1A) Gahanaba Madhavrao Khotkar (Dead) ca9451.11 5 1B) Sarjerao Madhu Khotkar, 1C) Sundrabai Gangadhar Vitekar ...APPLICANTS. VERSUS 1) The City and Industrial Development Corporation of Maharashtra, Aurangabad, and others. ...RESPONDENTS. WITH CIVIL APPLICATION NO.7893 OF 2011 IN FIRST APPEAL NO.665 OF 2009 1) Raosaheb s/o Bala Gule, 2) Kashinath Bhagaji Gule (Dead) Through L.Rs. 2A) Kachru s/o Kashinath Gule (Dead) Through L.Rs. A) Dropadabai w/o Kashinath Gule, B) Badri s/o Kashinath Gule, C) Raju s/o Kashinath Gule, D) Vijay s/o Kashinath Gule ...APPLICANTS. VERSUS 1) The City and Industrial Development Corporation of Maharashtra, Aurangabad, and others. ...RESPONDENTS. ca9451.11 6 WITH CIVIL APPLICATION NO.7892 OF 2011 IN FIRST APPEAL NO.659 OF 2009 1) Sahebrao s/o Anna Jagtap, 2) Appa s/o Sakharam Jagtap and others. ...APPLICANTS. VERSUS 1) The City and Industrial Development Corporation of Maharashtra, Aurangabad, and others. ...RESPONDENTS. WITH CIVIL APPLICATION NO.7897 OF 2011 IN FIRST APPEAL NO.668 OF 2009 1) Shantilal s/o Punjaji Salve, 2) Dhanraj s/o Punjaji Salve (Died) Through L.Rs. 2a) Chhayabai Dhanraj Salve. ...APPLICANTS. VERSUS 1) The City and Industrial Development Corporation of Maharashtra, Aurangabad, and others. ...RESPONDENTS. ca9451.11 7 WITH CIVIL APPLICATION NO.7895 OF 2011 IN FIRST APPEAL NO.663 OF 2009 1) Asaram Mahadu Thube Died Through L.Rs. 1a) Yashodabai Asaram Thube, 1b) Madhavrao Asaram Thube, 1c) Tulshiram Asaram Thube, 1d) Atmaram Asaram Thube, 1e) Rambhau Asram Thube, 1f) Sudam Asaram Thube (Dead) Through L.Rs. 1 to 6 are already on record i.e. 1A to 1F) 2. Tulshiram Asaram Thube, 3) Madhav Asaram Thube. ...APPLICANTS. VERSUS 1) The City and Industrial Development Corporation of Maharashtra, Aurangabad, and others. ...RESPONDENTS. WITH ca9451.11 8 CIVIL APPLICATION NO.7899 OF 2011 IN FIRST APPEAL NO.657 OF 2009 1) Saluram s/o Bala Mithe, 2) Sarangdhar s/o Bala Mithe (Dead) Through L.Rs. 2a) Prabhu s/o Sarangdhar Mithe, 3) Damodhar s/o Bala Mithe ...APPLICANTS. VERSUS 1) The City and Industrial Development Corporation of Maharashtra, Aurangabad, and others. ...RESPONDENTS. WITH CIVIL APPLICATION NO.7900 OF 2011 IN FIRST APPEAL NO.664 OF 2009 1) Namdeo s/o Eknath Khotkar Through L.Rs. 1a) Rambhabai w/o Namdeo Khotkar, 1b) Kisan s/o Namdeo Khotkar, 1c) Eknath s/o Namdeo Khotkar, 1d) Bhanudas s/o Namdeo Khotkar, 1e) Ambadas s/o Namdeo Khotkar, 1f) Ramesh s/o Namdeo Khotkar, ca9451.11 9 1g) Dropadabai Sheshrao Nage 1h) Pawartibai Sudamrao Adhane, 1i) Padmabai Subhashrao Gaikwad, 1j) Rakhminibai Vishnu Agle ...APPLICANTS. VERSUS 1) The City and Industrial Development Corporation of Maharashtra, Aurangabad, and others. ...RESPONDENTS. WITH CIVIL APPLICATION NO.7898 OF 2011 IN FIRST APPEAL NO.658 OF 2009 1) Bhanudas s/o Piraji Lamdande, 2) Rambhau s/o Piraji Lamdande ...APPLICANTS. VERSUS 1) The City and Industrial Development Corporation of Maharashtra, Aurangabad, and others. ...RESPONDENTS. ... Shri.D.R. Jaybhar Advocate for Applicants in all the Applications. Shri.A.S. Bajaj, Advocate for Respondent No.1 in all the Applications. Shri.S.K. Kadam, A.G.P. for Respondent No.2 in all the Applications. ... ca9451.11 10 CORAM: NARESH H. PATIL AND T.V. NALAWADE, JJ. DATE : 26TH AUGUST, 2011. PER COURT : 1. Heard learned counsel for the parties. Perused the order passed by the Division Bench (CORAM: B.R. GAVAI AND N.D. DESHPANDE, JJ.) in Civil Application No.9679 of 2009 and other companion matters, and the order passed by the Division Bench (CORAM: NARESH H. PATIL AND A.V. POTDAR, JJ.) in Civil Application No.5597 of 2010. 2. These Applications are filed for withdrawal of the amount in the land acquisition proceedings. Learned counsel for the Applicants submits that arising out of the same notification and same public purpose, this Court had passed orders in respect of withdrawal of amount in the Appeal which are pending in this Court. The ca9451.11 11 counsel therefore prays for orders on the identical lines. 3. Shri. Bajaj, learned counsel for the Respondents submits that more stringent conditions are required to be imposed in the light of the facts of the case and he opposes the Applications of the Applicants. 4. We have perused the material placed before this Court. We have also perused the earlier orders passed by the Division Bench. In the facts of the case and after considering the submissions advanced, we pass following order: (A) The Applicants are allowed to withdraw 50% of the amount awarded by the Reference Court without furnishing any security/surety. ca9451.11 12 (B) The Applicants are permitted to withdraw 25% of the amount awarded by the Reference Court by furnishing bank guarantee of any Nationalized Bank to the satisfaction of Registrar (Judicial) of this Court. The bank guarantee shall be operational till the hearing and final disposal of the Appeals. (C) The Applicants shall file undertaking to this Court that in case the Appeals are allowed finally, the Applicants shall refund the said amount as directed by the Court. (D) The Applicants shall also ca9451.11 13 furnish the details in respect of their residential addresses and intimate the change in the residential address, if any, in future. (E) The Civil Applications are accordingly disposed of. [T.V. NALAWADE,J.] [NARESH H. PATIL,J.] asb/AUG11