Vishwanath S/O Shriram Jadhav (Died) Thr Lrs Bibishan And ORS v. The Executive Engineer, Medium Project Division, Latur And ANR

927---ca.4941.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

927 CIVIL APPLICATION NO.4941 OF 2022 IN FAST/26407/2018 VISHWANATH S/O SHRIRAM JADHAV (DIED) THR LRS BIBISHAN AND OTHERS

VERSUS

THE EXECUTIVE ENGINEER, MEDIUM PROJECT DIVISION, LATUR AND ANOTHER ...

Advocate for Applicants : Mr. Hanmant V. Patil. Advocate for Respondent No.1 : Mr. Vinesh C. Solshe. AGP for Respondent/State: Mr. P. M. Kulkarni. ...

CORAM :

SHRIKANT D. KULKARNI, J.

DATE :

01st April, 2022.

P.C.:

.

Registry to accept the VP from Mr. Hanmant V. Patil, learned counsel for applicants in first appeal as well as in civil applications. It is an application for withdrawal of compensation amount moved by the applicants/claimants.

Heard Mr. Patil, learned counsel for applicants/original claimants, Mr. Solshe, learned counsel for acquiring body and Mr.Kulkarni, learned AGP for the State.

It is a practice followed by this Court to allow the claimants arising out of land acquisition matters to withdraw 75% of the amount

927---ca.4941.22.odt of compensation with accrued interest thereon. 50% on simple undertaking and 25% on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court. I do not see any reason to take any different view in this matter. By taking the same view, I proceed to pass the following order:

O R D E R

I.

The application is hereby allowed as under:

II.

The applicants/claimants are hereby permitted to withdraw 50% of the amount of compensation with accrued interest thereon on furnishing usual undertaking with the Registrar (Judicial) of this Court. III.

The applicants/claimants are further permitted to withdraw 25% of the amount of compensation with accrued interest thereon on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court.

IV.

Remaining 25% balance amount with accrued interest thereon shall be invested in fixed deposit account in any Nationalized Bank initially for a period of one year with renewal clause.

V.

The application is accordingly disposed of.

[ SHRIKANT D. KULKARNI, J. ] nga