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Bombay High CourtCA/547/2025admittedallowedgrantedrule absolute

Rajani Bharat Padwal Died Thr Lrs Bharat And ANR v. The Executive Engineer And ORS

2025-03-07Hon'Ble Shri Justice Rohit W. Joshi2 pages

2025:BHC-AUG:7843 968 ca 547 OF 2025.KK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 547 OF 2025 IN FAST/16199/2023 Rajani Bharat Padwal Died Thr LRs Bharat And Anr.

VERSUS

The Executive Engineer And Ors.

...

Advocate for Applicants : Mr. Sushant Choudhari AGP for Respondent/s-State : Mr. S. S. Joshi Advocate for Respondent No. 1 : Mr. S. S. Dande ...

WITH CIVIL APPLICATION NO. 6979 OF 2023 WITH CIVIL APPLICATION NO. 6980 OF 2023 IN FAST/16199/2023 ...

CORUM :

ROHIT W. JOSHI, J.

DATE :

7th MARCH, 2025 PER COURT :

1.

The present applicants had filed Land Acquisition Reference No. 386 of 2010 in which the amount of compensation awarded by the Land Acquisition Officer is enhanced. This judgment and award passed by the learned reference Court is challenged by the acquiring body in the present appeal.

2.

The applicants who are claimant Nos. 1 and 2 in the case before the learned reference Court has filed the present application seeking withdrawal of amount. In connected matters 75% of the amount 1/2

968 ca 547 OF 2025.KK deposited by the acquiring body is allowed to be withdrawn along with accrued interest.

3.

In that view of the matter, the applicants are permitted to withdraw deposited by the non-applicant acquiring body with this Court. 50% of the amount is permitted to be withdrawn on furnishing usual undertaking and 25% amount is permitted to be withdrawn on furnishing solvency/solvent surety.

[ROHIT W. JOSHI] JUDGE KS_Kamble/ 2/2