← Library
Bombay High CourtCA/3678/2019disposed offdismissed for default

Babu Ram Sahdedeo v. G.M.I.D.C. Thr Its The Exe. Engineer, Osmanabad Minor Irrigation Division Osmanabad And ORS

2019-03-19Hon'Ble Shri Justice Sunil K. Kotwal2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 921 CIVIL APPLICATION NO.3612 OF 2019 IN FA/2679/2018 WITH CA/3678/2019 IN FA/2679/2018 MANDODHARI CHANDRAHAS MANKARAJ AND ORS

VERSUS

G.M.I.D.C., THR THE EX. DIRECTOR AND EX. ENGINEER, OSMANABAD M.I.D., OSMANABAD AN ...

Advocate for Applicants : Mr. Ingale Vivekanand V. Advocate for Respondent No. 1 : Mr. Anand Chawre AGP for respondent No. 2 : Mr. R.B. Bagul Advocate for Respondent No. 4 : Mr.E. G. Irale ...

CORAM : SUNIL K.KOTWAL, J.

DATE : 19 th MARCH, 2019 O R D E R :

These two separate applications are filed by four sisters and one brother for withdrawal of compensation amount deposited in this Court by the Acquiring Body.

2.

Learned counsel for Acquiring Body and the learned AGP oppose these applications for withdrawal. 3.

I have gone through the award passed by the

ca3612.19 Reference Court. It emerges that nine times height has been given while awarding the compensation. 4.

Considering these peculiar facts, permission is granted to applicants to withdraw only 50% amount in accordance with their respective shares in the compensation amount, subject to filing of the written undertakings within eight weeks, in the First Appeals to redeposit the same amount, as and when directed by this Court.

5.

Remaining 50% amount shall be invested in fixed deposit in any Nationalized Bank, till final hearing of the appeal.

6.

Civil Applications are disposed of.

[SUNIL K.KOTWAL, J.] mahajansb/