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february 2008

Supreme Court of India · 2008-02-18

YASHWANT WAMAN PATIL vs MUNICIPAL CORP.OF GREATER MUMBAI .

Citation / case number
SC 2007/8581
Court
Supreme Court of India
Petitioner
YASHWANT WAMAN PATIL
Respondent
MUNICIPAL CORP.OF GREATER MUMBAI .
Bench
TARUN CHATTERJEE & HARJIT SINGH BEDI

Judgment text excerpt

The Supreme Court held that the condition imposed by the Bombay High Court requiring the appellants to furnish a bank guarantee for withdrawing the compensation amount was excessive, given that the Municipal Corporation had possessed the acquired land for over 40 years without compensation. The Court directed that the deposited amount be placed in a fixed deposit in the appellants' name, allowing them to withdraw interest without security, while the principal amount remains until the writ petition's resolution. This decision emphasizes the balance between ensuring compensation and protecting the interests of the parties involved under the Land Acquisition Act.

YASHWANT WAMAN PATIL vs MUNICIPAL CORP.OF GREATER MUMBAI . · Niyam