Ganpat Bajirao Awachar v. Executive Engineer, Nimna Dudhana Project Division, Selu And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 914 CA/2807/2017 IN FA/572/2017 WITH FA 572/2017 GANPAT BAJIRAO AVCHAR

VERSUS

THE EXECUTIVE ENGINEER, NIMNA DUDHANA PROJECT DIVISION, SELU AND ORS ...

AND 915 CA/2808/2017 IN FA/573/2017 WITH FA 573/2017 SOPAN SHRIRANGRAO KADAM

VERSUS

THE EXECUTIVE ENGINEER, NIMNA DUDHANA PROJECT DIVISION, SELU AND ORS ...

Advocate for Respondents : S. S. Randive & G. V. More Advocate for Appellants : Mr Patil Ruturaj C. ...

WITH 916 FA/574/2017 THE EXECUTIVE ENGINEER, NIMNA DUDHANA PROJECT DIVISION, SELU AND ORS

VERSUS

RAMKISAN DHONDIBA GORE DIED THR LRS JANABAI AND ORS ...

CORAM : V.K. JADHAV, J.

Dated: June 22, 2017 ...

PER COURT :- 1.

Learned counsel for respondent-acquiring body submits that, this Court by order dated 18.10.2016 in the group of appeals, arises out of the same acquisition

proceedings, permitted the applicants to withdraw 75% of the amount out of the amount deposited before this Court. Learned counsel submits that, respondent-acquiring body has already deposited 50% of the amount out of the total amount before the executing Court and, the applicantsoriginal claimants have withdrawn the same. Thus, in view of the earlier order passed by this Court dated 18.10.2016 as aforesaid, the applicants herein may be permitted to withdraw 50% of the amount out of the amount deposited before this Court.

2.

Learned counsel for the applicants submits that from the same award in the another group of appeals, this Court by order dated 2.5.2016, permitted the applicants therein to withdraw entire amount on furnishing an undertaking to the satisfaction of the Registrar Judicial of this Court. 3.

On perusal of the impugned judgment and award passed by the Reference Court, it appears that, the S.L.A.O. has awarded the compensation @ Rs.565/- per aar and Reference Court has awarded the compensation at the enhanced rate of RS.1300/- per Aar by treating the acquired land as dry lands.

4.

It appears that, earlier order dated 2.5.2016 passed by this Court was not brought to the notice of this Court when order dated 18.10.2016 came to be passed permitting the applicants to withdraw only 75% of the amount out of the amount deposited before this Court. In view of the compensation as awarded at the enhanced rate by the Reference Court, the applicants-original claimants are also permitted to withdraw entire amount on furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court.

5.

Civil applications for withdrawal of the amount accordingly disposed of.

6.

Fix the first appeals for admission hearing on 13.7.2017.

( V.K. JADHAV, J. ) ...