The G.M.I.D.C., Thr Its Ex. Engineer, Minor Irrigation Div. Osmanabad And ORS v. Rajmohammad S/O Gulab Tamboli

1 955 ca 5777-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 955 CIVIL APPLICATION NO.5777 OF 2023 IN FA/4201/2022 WITH CA/6513/2022 IN FA/4201/2022 RAJMOHAMMAD S/O GULAB TAMBOLI

VERSUS

THE G.M.I.D.C., THR ITS EX. ENGINEER, MINOR IRRIGATION DIV. OSMANABAD AND ORS ...

Advocate for Applicant : Mr. V.V. Ingale AGP for Respondent Nos.2 & 3: Mr. B. V. Virdhe Advocate for Respondent No.1 : Mr. R. B. Gaikwad ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 28/04/2023.

P. C. :

A) ORDER IN CIVIL APPLICATION NO.5777 OF 2023 :

1.

Heard rival submissions.

2.

The applicant is seeking withdrawal of the entire amount of compensation, which has been deposited by the acquiring body alongwith the interest accrued thereon.

3.

The learned counsel for the applicant placed on record copy of order dated 09/01/2019 whereby this court in connected matter has granted withdrawal 70% of the deposited amount. In view of the same the applicant herein is permitted to withdraw 70% of the deposited amount of compensation alongwith the proportionate interest accrued thereon till date on usual undertaking to the satisfaction of the Registrar (Judicial) of this court. 5.

The remaining amount be kept in FDR in any nationalized Bank on yearly renewal basis till fnal disposal of this appeal. 6.

The civil application is accordingly disposed of.

2 955 ca 5777-23 B) ORDER IN CIVIL APPLICATION NO.6513 OF 2022 :

Since the applicant - acquiring body has deposited the entire amount of compensation, the application is made absolute in terms of prayer clause-A and disposed of.

( SANDIPKUMAR C. MORE, J. ) VS Maind/-