Nivarathi Krishnaji Chikate (Died) Thr Lrs Abhimanyu And ORS v. The Chief Engineer, C.R. Mumbai The Deputy Chief Ex. Engineer, C.R.Div. Solapur And ORS

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.2944 OF 2020 IN FIRST APPEAL ST.NO.15526 OF 2019 Nivrathi s/o Krishnaji Chikate (died), through L.Rs.

Applicants

Versus

The Chief Engineer, Central Railway, Mumbai & others Respondents Mr.S.S.Halkude, advocate for the applicants. Mr.D.V.Soman, advocate for Respondents No.1 & 2. Mr.P.M.Kulkarni, AGP for Respondents No.3 & 4. CORAM : V.K.JADHAV, J.

DATE : 25th November, 2020.

PC :

The learned Counsel for the applicants submits that this Court (Coram: K.K.Sonawane, J.), by an order dated 04th March, 2020 in Civil Application No.2942 of 2020 in F.A. St. No.15532 of 2019, has permitted the applicants-original claimants therein to withdraw the amount on certain conditions. Learned Counsel for the applicants submits that these applicants - original claimants, from the same award, may also be permitted to withdraw the amount on the same terms and conditions.

{2} Mr.D.V.Soman, learned Counsel appearing for the acquiring body has also not disputed the earlier order passed by this Court permitting withdrawal of amount on certain conditions. It appears that the award is dated 26th September, 2012. The LAO has awarded compensation @ Rs.2380/- per Are, whereas, the Reference Court has enhanced the compensation @ Rs.6500/- per Are.

In view of the above, applicants-original claimants herein are also entitled to withdraw the amount on the same terms and conditions, as directed in the aforesaid order. Hence, the following order:

(i) Civil Application is partly allowed.

(ii) The applicants-original claimants are permitted to withdraw 50% amount, out of the amount deposited before this Court, on furnishing an undertaking to the satisfaction of the Registrar (Judicial) of this Court and 25% amount on furnishing solvent security/surety to the satisfaction of the Registrar (Judicial) of this Court.

{3} (iii) Balance 25% amount shall be invested in fxed deposit in any Nationalised Bank, till fnal disposal of the appeal. Civil Application is accordingly disposed of. (V.K.JADHAV) JUDGE adb