Aasaram Bhima Wagh (Died) Thr Lrs Sonabai And ORS v. The Ex. Engineer, G.M.I.D.C., Aurangabad Thr Minor Irrigation Division, Jalna And ORS

973-CA-3528-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3528 OF 2021 IN/AND FIRST APPEAL NO. 3585 OF 2019 Asaram Bhima Wagh (Since deceased) Through L.Rs.

Sonabai Asaram Wagh and Others ..APPLICANTS

VERSUS

The Executive Engineer, GMIDC, Aurangabad and Others ..RESPONDENTS AND CIVIL APPLICATION NO. 3529 OF 2021 IN/AND FIRST APPEAL NO. 3586 OF 2019 Shivaji Sahebrao Aghav ..APPLICANT

VERSUS

The Executive Engineer, GMIDC, Aurangabad and Others ..RESPONDENTS ....

Mr. R.K. Shingnapure, Advocate for applicants Mr. A.M. Phule, A.G.P. for respondent - State ....

CORAM : R.G. AVACHAT, J.

DATED : 01st OCTOBER, 2021 PER COURT :

1.

Heard. Perused the impugned award.

2.

None present for the respondent - acquiring body. 1 / 2

973-CA-3528-21.odt 3.

Learned A.G.P. objects to permit withdrawal of the amount. 4.

It appears that the enhancement of compensation made by the reference Court is not more than four times of the compensation awarded by the Special Land Acquisition Officer. Interest has rightly been awarded in terms of Full Bench judgment of this Court. It is also informed that in connected matters, the acquiring body has not preferred any appeal. 5.

In view of same, the applicants are permitted to withdraw the entire amount in deposit alongwith interest accrued thereon on submitting usual undertaking to the satisfaction of the Registrar (Judicial) of this Court. Civil applications stand disposed of accordingly. 6.

List first appeals on 13th October, 2021.

( R.G. AVACHAT, J. ) SSD 2 / 2