Suresh Mahadeo Pawar v. Executive Engineer, Osmanabad Minor Irrigation Division, Under Gmidc, Aurangabad And ORS

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.1561 OF 2020 IN FIRST APPEAL st. NO.39107 OF 2017 SURESH MAHADEO PAWAR VS EXECUTIVE ENGINEER, OSMANABAD, MINOR IRRIGATION DIVISION UNDER GMIDC, AURANGABAD AND ORS.

----- Mr.Sanjay A.Wakure, Adv. For applicant;

Mr.BR Surwase, Adv. For Resp.Nos. 1 & 3;

Mr. AM Phule, AGP. For Resp.No.2.

----- CORAM : SMT.VIBHA KANKANWADI,J.

DATE : 24 th June, 2021.

PER COURT :- 1.

Heard both sides.

2.

Learned Counsel representing the acquiring body submits that there is exorbitant enhancement, i.e. more than four times, that has been made by the Reference Court and, therefore, the First Appeal challenges the quantum and, therefore, he objects for entire withdrawal of the amount.

3.

Taking into consideration the fact that the land of the applicant has been acquired though appeal has been filed, there is no hurdle in allowing the applicant partial withdrawal of the amount.

4.

In this case, the amount that has been deposited

(2) is Rs.12,58,854/- and the applicant is allowed to withdraw amount of Rs.8,00,000/-.

5.

The applicant shall file an undertaking within a period of eight weeks that he would make the said amount good, if directed at the time of final disposal of the appeal. 6.

The Civil Application stands disposed of.

(SMT. VIBHA KANKANWADI) JUDGE BDV