Shrimant Kisan Pawar (Died) Thr Lrs. Muktabai Shrimant Pawar And ORS v. The Ex. Engineer, Minor Irrigation Div. Osmanabad And ORS

1 934 CA 1780-23+

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 934 CIVIL APPLICATION NO.1780 OF 2023 IN FA/4086/2022 WITH CA/12374/2021 IN FA/4086/2022 SHRIMANT KISAN PAWAR (DIED) THR LRS. MUKTABAI SHRIMANT PAWAR AND ORS

VERSUS

THE EX. ENGINEER, MINOR IRRIGATION DIV. OSMANABAD ANDORS ...

Advocate for Applicants : Mr. V. V. Ingale AGP for Respondent Nos.2 & 3: Mr. S. N. Kendre Advocate for Respondent No.1 : Mr. A. D.Gadekar ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 10/02/2023.

P. C. :

A) IN CIVIL APPLICATION NO.1780 OF 2023 :

1.

Leave to correct middle name of applicant No.1-E. 2.

Heard.

3.

The applicants are seeking withdrawal of the entire amount of compensation, which has been deposited by the acquiring body alongwith the interest accrued thereon.

4.

The learned counsel for the acquiring body opposed the application on the ground that the reference court has granted exorbitant amount of compensation, which is 8 times of the amount granted by SLAO.

5.

In view of the same and considering the enhancement granted by the learned reference court, the applicants are permitted to withdraw 50% of the deposited amount of

2 934 CA 1780-23+ compensation alongwith proportionate interest accrued thereon till date on usual undertaking to the satisfaction of the Registrar (Judicial) of this court.

6.

The civil application is accordingly disposed of. B) IN CIVIL APPLICATION NO.12374 OF 2021 :

Since the acquiring body has deposited entire amount of compensation alongwith the interest, the stay application is made absolute in terms of prayer clause-B and disposed of. ( SANDIPKUMAR C. MORE, J. ) VS Maind/-