Narayan Krishna Dhone And Another v. The Ex. Engineer, Osmanabad Irrigation Div. Omerga And Others

1 931-CA-4586-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 931 CIVIL APPLICATION NO.4586 OF 2022 IN FA/2794/2021 ASHOK EKNATH DHONE 931 CIVIL APPLICATION NO.4583 OF 2022 IN FA/2792/2021 NARAYAN KRISHNA DHONE ANDE ANR.

931 CIVIL APPLICATION NO.4576 OF 2022 IN FA/2799/2021 RAHIM SONU MUJAWAR (DIED) THR LRS SIMANDAR RAHIM MUJAWAR

2 931-CA-4586-2022 931 CIVIL APPLICATION NO.4584 OF 2022 IN FA/2796/2021 RAMCHANDRA EKNATH DHONE 931 CIVIL APPLICATION NO.4578 OF 2022 IN FA/2791/2021 PAPA SHERKHAN @ SHERUBHAI KHONDE 931 CIVIL APPLICATION NO.4581 OF 2022 IN FA/2798/2021 DILIP RAMCHANDRA PAWAR 931 CIVIL APPLICATION NO.4579 OF 2022 IN FA/2797/2021

3 931-CA-4586-2022 DADASAHEB KUNDLIK GAIKWAD 931 CIVIL APPLICATION NO.4580 OF 2022 IN FA/2795/2021 RANGNATH PRALHAD NANDE 931 CIVIL APPLICATION NO.4585 OF 2022 IN FA/2793/2021 VISHWANATH MARUTI NANDE (DIED) THR LRS NANDKUMAR VISHWANATH NANDE CORAM : SHRIKANT D. KULKARNI, J.

DATE : 22nd APRIL, 2022 PER COURT :

1.

These are the applications for withdrawal of compensation amount

4 931-CA-4586-2022 moved by the applicants/claimants.

2.

Heard Mr R.V. Naiknavare, learned Counsel for the applicants/claimants, Mr H.A. Randhir holding for Mrs C.R. Choudhary Kutti, learned counsel for the acquiring body and Mr N.T. Bhagat, learned AGP for the State.

3.

Mr R.V. Naiknavare, learned counsel for the applicants/claimants seeks leave to place on record copy of order passed by this Court in Civil Application No. 2511/2020 in First Appeal No. 2376/2019 dated 27.02.2020. Leave granted.

4.

The copy of the order is taken on record and marked 'X' for identification.

5.

Mr Naiknavare, learned counsel for the claimants seeks similar relief. 6.

Mr H.A. Randhir holding for Mrs C.R. Choudhary Kutti, learned counsel for the acquiring body and the learned AGP for the State have been fair enough to admit the position of passing of earlier order by this Court arising out of same group and same project, thereby allowing the claimants to withdraw in all 75% of the amount of compensation. I do not see any reason to take any different view. By taking the same view, I proceed to pass the following order :-

ORDER

(A) The applications are hereby allowed as under :- (i) The applicants are permitted to withdraw 50% of the amount of compensation on furnishing usual undertaking with the Registrar (Judicial) of this Court.

5 931-CA-4586-2022 (ii) The applicants are further permitted to withdraw 25% of the amount of compensation on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court. (iii) The remaining 25% of the amount of compensation shall be invested in Fixed Deposit Account in any nationalized bank for a period of one year with renewal clause.

(iv) The applications are accordingly disposed of. ( SHRIKANT D. KULKARNI, J.) mta