Shubham Ravishankar Kore v. The Executive Engineer Minor Irrigation Division Osmanabad And Others

2024:BHC-AUG:5983 3-CA-1996-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1996 OF 2023 IN FA/580/2023 SHUBHAM RAVISHANKAR KORE

VERSUS

THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION OSMANABAD AND OTHERS ...

Advocate for Applicant : Mr. V. D. Gunale Advocate for Respondent No.1 : Mr. G. B. Rajale AGP for Respondents No.2 and 3 : Mr. B. B. Bhise ...

CORAM : S. G. MEHARE, J.

DATE : 15-03-2024 PER COURT :- 1.

Heard the learned counsel for the applicant, learned counsel for respondent No.1/acquiring body and learned A.G.P. for respondents No.2 and 3.

2.

The appeal has been referred on the grounds that the learned Reference Court has enhanced compensation up to six times of the compensation determined by the Special Land Acquisition Officer.

3.

Learned counsel for the appellant submits that various factors to determine the value of the land were also not considered.

3-CA-1996-23.odt 4.

Learned counsel for the applicant submits that the applicant is pursuing education. He needs money for his education. In view of that matter, following order is passed:-

ORDER

i) The application is partly allowed.

ii) The applicant is permitted to withdraw 75% amount from the amount deposited with this Court, with accrued interest. Out of it, 50% amount be released on furnishing undertaking to deposit the amount, if the impugned judgment and award is reversed; and 25% amount be released on furnishing surety/security.

iii) The balance amount be invested in the Nationalized bank as per rules.

( S. G. MEHARE ) JUDGE rrd