Ex. Engineer, Minor Irrigation Div. Osmanabad v. Shivhar Mallikarjun Birajdar And ORS

1 932 CA 2048-23+

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 932 CIVIL APPLICATION NO.2048 OF 2023 IN FA/661/2022 WITH CA/2050/2023 IN FA/660/2022 WITH CA/ 2051/2023 IN FA/659/2022 WITH CA/3542/2022 IN FA/659/2022 WITH CA/3544/2022 IN FA/660/2022 WITH CA/3547/2022 IN FA/661/2022 SUREKHA PRABHAKAR SURYAWANSHI

VERSUS

THE EXE. ENGINEER, THR THE COLLECTOR, OSMANABAD AND ORS ...

Advocate for Applicant : Mr. R. V. Naiknavare AGP for Respondent Nos.1 & 2: Mr. B. V. Virdhe Advocate for Respondent No.3 : Mr. S. G. Sangle ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 17/02/2023.

P. C. :

A) IN CIVIL APPLICATION NOS.2048 OF 2023, 2050 OF 2023 AND 2051 OF 2023 :

1.

Leave to correct the name of respondent No.3. Correction be carried out forthwith.

2.

Heard rival submissions.

3.

The respective applicants are seeking withdrawal of the entire amounts of compensation, which has been deposited by the acquiring body alongwith the interest accrued thereon. 4.

The learned counsel for the acquiring body opposed the applications on the ground that the reference court has granted exorbitant amounts of compensation, which are beyond four times of the amounts granted by SLAO.

2 932 CA 2048-23+ 5.

In view of the same and considering the enhancement granted by the learned reference court, which is more than four times, the applicants are permitted to withdraw 75% of the deposited amounts i.e. 50% on usual undertaking and 25% by furnishing solvent surety / security alongwith the proportionate interest accrued thereon.

6.

The remaining amounts be kept in FDR in any nationalized Bank on yearly renewal basis till fnal disposal of these appeals. 7.

The civil applications are accordingly disposed of. B) IN CIVIL APPLICATION NOS.3542 OF 2022, 3544 OF 2022 AND 3547 OF 2022 :

Since the appellant / acquiring body has deposited entire amounts of compensation in all these matters, the applications are made absolute in terms of prayer clause-B and disposed of. ( SANDIPKUMAR C. MORE, J. ) VS Maind/-