Kalyan Gujaba Rote And ORS v. The Ex. Engineer, Minor Irrigation Div. Osmanabad Thr Gmidc, Aurangabad

2024:BHC-AUG:9368 11-CA-2742-24-w.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2742 OF 2024 IN FAST/10305/2022 KALYAN GUJABA ROTE AND OTHERS

VERSUS

THE EX. ENGINEER, MINOR IRRIGATION DIV. OSMANABAD THROUGH GMIDC, AURANGABAD ...

Advocate for Applicants : Mr. Sanjay A. Wakure Advocate for Respondent No.1 : Ms. Vaishali C. Swami holding for Mr. Mahesh C. Swami AGP for Respondents No.2 and 3 : Mrs. M. L. Sangit ...

WITH CIVIL APPLICATION NO. 2633 OF 2024 IN FAST/10577/2022 ...

WITH CIVIL APPLICATION NO. 2714 OF 2024 IN FAST/10581/2022 ...

CORAM : S. G. MEHARE, J.

DATE : 26-04-2024 PER COURT :- 1.

Heard the learned counsel for the applicants and the learned counsel for respondent No.1.

2.

Learned counsel for the applicants submits that the meager amount of compensation has been awarded. The appellant has deposited entire amount with this Court. Hence, they pray to withdraw the entire amount.

3.

Learned counsel for the respondent No.1 strongly opposed the applications. She submits that though the amount is small, it is incorrectly determined.

11-CA-2742-24-w.odt 4.

Considering the facts and circumstances of the case, the applications deserve to be allowed. Hence, the order;

ORDER

i) The applications are allowed.

ii) The applicants are permitted to withdraw the entire amount of compensation deposited with this Court with accrued interest on furnishing undertaking that they would deposit the amount, if the impugned judgment and award is reversed.

( S. G. MEHARE ) JUDGE rrd