The Ex. Engineer, Irrigation Project Strengthening Div. Omerga v. Balaji S/O Wamanrao Kawate And ORS

926-CA-4992-2023

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 926 CIVIL APPLICATION NO. 4992 OF 2023 IN FIRST APPEAL NO. 1704 OF 2023 WITH CA/4788/2022 IN FA/1704/2023 BALAJI S/O WAMANRAO KAWATE

VERSUS

THE EXECUTIVE ENGINEER IRRIGATION PROJECT STRENGTHENING DIVISION OMERGA AND OTHERS ...

Mr. V.V. Ingale - Advocate for Applicant Mr. A.B. Chate - AGP for Respondent Nos.2 and 3, State Mr. G.B. Rajale - Advocate for Respondent No.1 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 9th June, 2023 PER COURT :

CIVIL APPLICATION NO. 4992 OF 2023 1.

Heard rival submissions.

2.

The applicant is seeking withdrawal of entire deposited amount of compensation, which is in fact 75% of the total compensation awarded and is deposited by the acquiring body alongwith the interest accrued thereon.

3.

This Court vide order dated 9th March, 2023 in other connected matters had already permitted the applicants Pooja K.

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926-CA-4992-2023 therein to withdraw the entire 75% amount. In view of the same, the applicant herein is also permitted to withdraw the entire deposited 75% amount of compensation i.e. 50% on usual undertaking and 25% on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court.

4.

The civil application is accordingly disposed of. CIVIL APPLICATION NO. 4788 OF 2022 5.

Since the appellant - acquiring body has deposited amount of compensation as directed by this Court, the application is made absolute in terms of prayer clause 'B' and disposed of.

[ SANDIPKUMAR C. MORE ] JUDGE Pooja K.

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