Shankar Rambhau Gadhave v. The Ex. Engineer, Minor Irrigation Medium Project, Osmanabad And ORS

(1) 966 CA-3668.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 966 CIVIL APPLICATION NO.3668 OF 2023 IN FA/1276/2023 WITH CA/3670/2023 IN FA/1279/2023 WITH CA/3671/2023 IN FA/1275/2023 WITH CA/3669/2023 IN FA/1277/2023 WITH FA/1278/2023 SHANKAR RAMBHAU GADHAVE

VERSUS

THE EX. ENGINEER, MINOR IRRIGATION MEDIUM PROJECT, OSMANABAD AND OTHERS ...

Mr. L.C. Patil, Advocate for the applicants.

Mr. R.A. Tambe, Advocate for respondent No.1 Mr. S.S. Dande, A.G.P. for respondent Nos.2 and 3 ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

20th April 2023.

ORDER:- 1.

Heard rival submissions.

2.

The respective applicants are seeking withdrawal of their respective amounts of compensation alongwith the interest accrued thereon, which have been deposited by the respondent Acquiring Body. The respondent Acquiring Body has deposited only 75% of the compensation amounts.

3.

The learned Counsel for the Acquiring Body opposed the applications on the ground that the Reference Court has granted the interest from the date of possession instead of date of award.

(2) 966 CA-3668.2023.odt 4.

In view of the same, the present applicants are permitted to withdraw entire deposited compensation amounts alongwith the interest accrued thereon till date on usual undertaking to the satisfaction of the Registrar (Judicial) of this Court.

5.

The civil applications are accordingly disposed of. 6.

The stay granted by this Court on condition to deposit certain amounts, is to be treated in operation till final disposal of this appeal.

(SANDIPKUMAR C. MORE, J.) vd_dhirde