Pandhari Vithal Chame Vs. Maharashtra Industrial Development Corporation through Regional Manager & ANR.

[Civil Appeal No. 8071 of 2013 Special Leave Petition (C) No. 4854 of 2013]

O R D E R

1. Delay in filing the Special Leave Petition is condoned.

2. Leave granted.

3. This appeal is directed against the interim order passed by the High Court of Judicature at Bombay, Bench at Aurangabad in Civil Application No.6499/2009 in First Appeal (St) No.12021/2009, dated 20.11.2009. By the impugned order, the High Court has rejected the reasonable prayer made by the appellant herein.

4. Having heard the learned counsel for the parties to the lis, we are of the opinion that the prayer made by the appellant requires to be accepted and granted. Accordingly, we pass the following order- "We direct that the 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".

5. The appeal is disposed of accordingly.

...........................J. (H.L. DATTU)

...........................J. (SUDHANSU JYOTI MUKHOPADHAYA)

NEW DELHI;

SEPTEMBER 10, 2013

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