Sarjerao Nivrutti Shinde v. The Executive Engineer, Aurangabad Irrigation Division, Aurangabad And ANR

ca5747.17, etc (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 957 CIVIL APPLICATION NO. 5747 OF 2017 IN FAST/19978/2016 WITH CA/5748/2017 IN FAST/19993/2016 WITH CA/5750/2017 IN FAST/19982/2016 WITH CA/5751/2017 IN FAST/20004/2016 WITH CA/5752/2017 IN FAST/20024/2016 WITH CA/5753/2017 IN FAST/19941/2016 ASHOK BHANUDAS SHINDE

VERSUS

THE EXECUTIVE ENGINEER, AURANGABAD IRRIGATION DIVISION, AURANGABAD AND ANR ...

Advocate for Applicant : Mr Kotkar Sanjay D.

Advocate for respondent No. 1 : Mr R. C. Patil AGP for Respondent No. 2 : Mr C. V. Dharurkar CORAM : V.K. JADHAV, J.

DATE : 28th April, 2017 ORAL ORDER Learned Counsel for the respondent - acquiring body has strongly resisted the applications seeking withdrawal on the ground that the applicants have not adduced any evidence before the Reference Court and even then the Reference Court has awarded compensation at the enhanced rate.

2.

In view of the above and considering the fact that the house property of the applicants came to be acquired by the Government, the applicants are hereby permitted to withdraw 50% of the amount along with interest accrued thereon out of the amount deposited before this Court on furnishing undertaking to the satisfaction of the Registrar (Judl.). 3.

Rest of the amount be invested in any nationalized bank initially for a period of five years and renewal thereafter as per the directions of this Court.

ca5747.17, etc (2) 4.

Civil Applications are accordingly disposed of. (V.K. JADHAV, J.) amj