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Bombay High CourtCA/2696/2025admittedallowedgrantedrule absolute

Ravi Ambadas Kulkarni And ANR v. G.M.I.D.C., Aurangabad Thr Its Executive Engineer, Osmanabad M.I.D., Osmanabad

2025-03-06Hon'Ble Shri Justice Sandipkumar C. More2 pages

2025:BHC-AUG:6512 1 945 ca 2696-25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 945 CIVIL APPLICATION NO. 2696 OF 2025 IN FAST/19347/2021 WITH CIVIL APPLICATION NO. 4046 OF 2023 IN FAST/19347/2021 WITH CIVIL APPLICATION NO. 4047 OF 2023 IN FAST/19347/2021 RAVI AMBADAS KULKARNI AND ANR

VERSUS

G.M.I.D.C., AURANGABAD THR ITS EXECUTIVE ENGINEER, OSMANABAD M.I.D., OSMANABAD ...

Mr. Sushant Baburao Choudhari, Advocate for Applicants Mr. R. B. Dhaware, AGP for Respondent-State Ms. J. P. Reddy h/f Mr. M. P. Gude, Advocate for Respondent No.1 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATED : 06/03/2025.

P. C. :

A) ORDER IN CIVIL APPLICATION NO.2696 OF 2025 :

1.

Heard rival submissions.

2.

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

3.

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 almost eight times of the amount granted by SLAO.

4.

In view of the same and considering the enhancement granted by the learned reference court, which is around eight times, the applicants

2 945 ca 2696-25 are permitted to withdraw 50% of the deposited amount of compensation alongwith the proportionate interest accrued thereon till date on usual undertaking to the satisfaction of the Registrar (Judicial) of this court. 5.

The remaining amount be kept in FDR in any nationalized Bank on yearly renewal basis till final disposal of this appeal. 6.

The civil applications are accordingly disposed of. B) ORDER IN CIVIL APPLICATION NO.4046 OF 2023 :

1.

Heard rival submissions.

2.

The appellant - acquiring body in this application, is seeking condonation of delay of 1778 in filing first appeal, which appears to be caused due to obtaining sanctions at various stages. There is no strong objection from other side and therefore the delay of 1778 days stands condoned.

3.

The appeals be placed for admission after removal of office objections, if any. Application is accordingly disposed of. C) ORDER IN CIVIL APPLICATION NO.4047 OF 2023 :

Since the appellant - acquiring body has deposited the amount of compensation as directed by this court, the application is made absolute in terms of its prayer and disposed of.

( SANDIPKUMAR C. MORE, J. ) VS Maind/-