Kashinath Baji Bondar v. The Ex. Engineer, Minor Irrigation Div. Osmanabad And ORS

2025:BHC-AUG:16578 941CA197,254 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 941 CIVIL APPLICATION NO. 197 OF 2025 IN FA/537/2023 WITH CIVIL APPLICATION NO. 254 OF 2025 IN FA/536/2023 KASHINATH BAJI BONDAR

VERSUS

THE EX. ENGINEER, MINOR IRRIGATION DIV. OSMANABAD AND ORS ...

Advocate for Applicant : Mr. Patil Nileshsingh J. AGP for Respondent Nos. 2 to 4 : Mr. S.N. Kendre Advocate for Respondent No. 1 : Mr. Ram B. Deshpande ...

CORAM : PRAFULLA S. KHUBALKAR, J.

DATE : 27th June, 2025 PER COURT:

1.

Heard. These applications are filed, seeking withdrawal of amount deposited by the appellants in this Court along with interest pursuant to the impugned judgment and award passed by the learned Reference Court under section 18 of the Land Acquisition Act. The applicants are original claimants whose land came to be acquired by the respondent.

2.

Considering that applicants/original claimants have lost valuable land and the amount is deposited towards compensation in

941CA197,254 (2) this Court, this Court is inclined to allow the application with certain condition. Hence, the order.

ORDER

(i) The applicants are allowed to withdraw 50% of the deposited amount along with accrued interest by the Acquiring Body in this Court on furnishing an undertaking that in case, the appeal is allowed, they shall redeposit the amount with interest in this Court within twelve weeks thereafter. Further 25% of the amount shall be allowed to be withdrawn to the applicants on furnishing solvent surety/security to the satisfaction of the Registrar Judicial of this Court.

(ii) Civil Applications are disposed of. (PRAFULLA S. KHUBALKAR, J.) spc