Biru Narayan Bhalekar And ANR v. The Ex. Engineer, Min. Irri. Div. Osmanabad And ANR

(1) 929 CA-2269.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 929 CIVIL APPLICATION NO.2269 OF 2023 IN FAST/13350/2021 RAJENDRA EKNATH AKAL

VERSUS

THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV., OSMANABAD AND ANOTHER WITH CA/2270/2023 IN FAST/12829/2021 BIRU NARAYAN BHALEKAR AND ANOTHER

VERSUS

THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV., OSMANABAD AND ANOTHER ...

Mr. Ramesh Naiknaware, Advocate for the applicants. Mr. Anand Chaware, Advocate forrespondent No.1. Mr. B.V. Virdhe, A.G.P. for respondent No.2.

...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

21.02.2023.

ORDER:- 1.

Heard rival submissions.

The respective applicants are claiming withdrawal of entire amounts of compensation, which have been deposited by the appellant Acquiring Body. The learned Counsel for Acquiring Body strongly opposed the applications on the ground that exorbitant amount has been granted by the Reference court. However, it seems that the Reference Court has granted below 5 times amount as that of the learned S.L.A.O. In view of the

(2) 929 CA-2269.2023.odt same, the applicants are permitted to withdraw their entire respective amounts i.e. 75% on usual undertaking and 25% on furnishing solvent security / surety to the satisfaction of Registrar (Judicial) of this Court.

2.

The applications are disposed of accordingly. (SANDIPKUMAR C. MORE, J.) vd_dhirde