The Executive Engineer, Minor Irrigation Division, Osmanabad. v. Venkat Narsing Padval

2025:BHC-AUG:13163 961=ca=1744=2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 961 CIVIL APPLICATION NO. 1744 OF 2025 IN FA/3025/2023 Venkat Narsing Padval

Versus

The Ex Engineer And Ors.

...

Mr. Vivek Vishnu Tarde, Advocate For Applicant Mr. S. S. Dande, AGP For Respondent Nos. 2 and 3 Mr. R. B. Deshpande, Advocate For Respondent No. 1 ...

WITH CIVIL APPLICATION NO. 3746 OF 2023 IN FA/3025/2023 ...

CORAM

:

ROHIT W. JOSHI, J.

DATE :

4th APRIL, 2025 ORDER :

First Appeal No. 3025 of 2023 :- 1.

Admit.

2.

Call Record & Proceeding.

3.

Learned advocate, Mr. Tarde waives for respondent / land owner. Civil Application No. 3746 of 2023 (Stay) :- 1.

Since the entire amount is already deposited along with accrued interest, it will be expedient in the interest of justice that execution of impugned judgment and award is stayed till the final disposal of the appeal, subject however to right of the land owner to move for withdrawal of the amount.

1/2

961=ca=1744=2025.odt 2.

The civil application stands disposed of.

Civil Application No. 1744 of 2025 (Withdrawal) :- 1.

This is the application for withdrawal of amount filed by the original land owner. Learned Reference Court has granted enhancement in the amount of compensation awarded by the Land Acquisition Officer by almost 11 times. In that view of the matter, I am inclined to permit applicant to withdraw 50% of the amount of compensation deposited by the non-applicant/acquiring body with this Court on furnishing usual undertaking.

2.

Civil application stands disposed of, accordingly. [ROHIT W. JOSHI, J.] ks_kamble/ 2/2