Venkatrao Bhojraj Chavan (Died) Thr Lrs. Giriraj Madhav Chavan v. The Ex. Engineer, Minor Irrigation Division, Udgir And ANR

2024:BHC-AUG:9364 927ca2960-24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 927 CIVIL APPLICATION NO. 2960 OF 2024 IN FAST/23120/2019 VENKATRAO BHOJRAJ CHAVAN (DIED) THR LRS. GIRIRAJ MADHAV CHAVAN

VERSUS

THE EX. ENGINEER, MINOR IRRIGATION DIVISION, UDGIR AND ANR ...

Mr. Prashant V. Gole h/for Mr. V. D.Gunale, Advocate for Applicant Mr. D. B. Bhange, AGP for the Respondent No.2 State. Mr. U. P. Giri, Advocate for Respondent No.1.

CORAM

: Y. G. KHOBRAGADE, J.

DATE : 30th April, 2024 ORDER:

1.

Heard the learned counsel for the respective parties at length. 2.

By the present application, the applicant/legal heir of original claimant prayed for permission to withdraw the entire amount deposited by the non applicant-acquiring body. 3.

The land of the applicant/original claimant has been acquired by the non-applicant acquiring body for the public project and in pursuance of the order dated 30.08.2019 passed by this Court in Civil Application No 9715 of 2019, the non-applicant acquiring body deposited the decretal amount before this Court. Therefore, for the reasons described in the application, the applicant is permitted to

927ca2960-24 withdraw 75% amount out of the deposited amount with certain conditions. Hence, the following order:

O R D E R

(i) The applicant is permitted to withdraw the compensation to the extent of 50% out of the deposited amount with accrued interest, on furnishing undertaking and further 25% amount with accrued interest on furnishing solvent surety to the satisfaction of the Registrar (Judicial) of this Court (ii) Remaining 25% shall be invested in any Nationalized Bank. (iii) Civil application is accordingly disposed off. ( Y. G. KHOBRAGADE, J. ) JPChavan