Sahebrao Bhimrao Nalwade v. The Executive Engineer Sina-Kolegaon Project Division Paranda

1 CA 2493 of 2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD Civil Application No.2493 of 2014 In First Appeal No.125 of 2014 Sahebrao s/o Bhimrao Nalwade.

.. Applicant.

Versus

The Executive Engineer, Sina-Kolegaon Project, Paranda And Another.

.. Respondents.

-------- Shri. A.R. Davakate, Advocate, for applicant. Shri. G.B. Rajale, Advocate, for respondent No.1. Shri. C.V. Dharurkar, Assistant Government Pleader, for respondent No.2.

---------- CORAM: T.V. NALAWADE, J.

DATE : 29th FEBRUARY 2016 ORDER:

1) The application is filed by the original claimants for permission to withdraw the compensation amount deposited by the appellant. It appears that in Civil Application No.10448/2013 this Court had directed the acquiring body to deposit only 25% of the

2 CA 2493 of 2014 compensation amount awarded by the Reference Court. This Court has gone through the judgment and award of the Reference Court both in respect of the land and the tress. This Court holds that permission needs to be granted to withdraw the amount subject to giving undertaking by the applicants.

2) So the application is allowed. Release the amount subject to giving undertaking. Liberty to the applicants to move application in view of the other contents of the application.

Sd/- (T.V. NALAWADE, J. ) rsl