Ananda Bhau Pawar Died Thr Lrs Kamalbai Ananda Pawar And ORS v. The G.M.I.D.C, Aurangabad Thr The Ex. Engineer (P.T And Miw No.1) Osmanabad And ORS

2024:BHC-AUG:6874 923-CA-3258-2024.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3258 OF 2024 IN FA/138/2019 ANANDA BHAU PAWAR DIED THR LRS KAMALBAI ANANDA PAWAR AND ORS

VERSUS

THE G.M.I.D.C, AURANGABAD THR THE EX. ENGINEER (P.T AND MIW NO.1) OSMANABAD AND ORS ....

Mr. P. S. Chavan, Advocate for applicants Mr. N. L. Jadhav, Advocate for respondent No.1 Mr. D. B. Bhange, AGP for respondent Nos. 2 and 3 ....

CORAM : Y. G. KHOBRAGADE, J.

DATE : 28 MARCH 2024 PER COURT :- 1.

Heard rival submissions.

2.

The applicants are seeking withdrawal of their entire amounts of compensation, which have been deposited by the respondent Acquiring Body along with the interest accrued thereon.

3.

The learned Counsel for the Acquiring Body opposed the application on the ground that the Reference Court has

(( 2 )) 923-CA-3258-2024 granted exorbitant amount of compensation and that the Acquiring Body was not made party in the proceedings before the Reference Court.

4.

However, considering that the enhancement granted by the learned Reference Court, which is of five times, the applicants are permitted to withdraw 75% of the deposited amounts of compensation along with the proportionate interest accrued thereon till date on usual undertaking to the satisfaction of the Registrar (Judicial) of this Court. The remaining amounts be kept in FDR in any nationalized bank on yearly renewal basis till final disposal of this appeal.

5.

The civil application is accordingly disposed of. [ Y. G. KHOBRAGADE, J. ] SMS