Shri. Shivaji Narayan Bande And ORS. v. The Executive Engineer, Mhaisal Pump House Division No.2

(12)-CAF-2715-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2715 OF 2016 IN FIRST APPEAL NO.1477 OF 2013 Shri. Shivaji Narayan Bande and others .. Applicants

IN THE MATTER OF

The Executive Engineer, Mhaisal Pump house Division No.2, Warnali, Sangli, Dist. Sangli .. Appellant

Versus

Shri. Shivaji Narayan Bande and others .. Respondents Mr. T. S. Ingale for the Applicants.

Mr. V. S. Tadke for the Respondent Nos.1 to 3. Mr. A. R. Patil, AGP for the Respondent No.4. CORAM : R.M. SAVANT, J.

DATE : 29th JUNE 2016 P.C.

1.

The above Civil Application has been filed for withdrawal of the amount of Rs.13,67,028/- deposited by the Appellant. The above First Appeal is pending hearing and final disposal. The Applicants are the original Claimants and the land holders from whom the lands have been acquired for the irrigation project in respect of which Appellant is the BGP.

(12)-CAF-2715-16.doc acquiring body. The above First Appeal has been filed against the enhancement of compensation granted by the Reference Court. 2.

In my view, it would be just and proper to permit the Applicants to withdraw an amount of Rs.10,00,000/- from the amount of Rs.13,67,028/- deposited by the Appellant out of the said amount Rs.5,00,000/- would be without security and for the balance Rs.5,00,000/- the Applicants would have to furnish suitable security to the satisfaction of the Trial Court and the balance amount to be invested in a fixed deposit in a Nationalized Bank for a period of two years. The Civil Application is accordingly disposed of.

[R.M. SAVANT, J] BGP.