Executive Engineer, Sina Kolegaon Project Division, Paranda (Under The M.K.V.D.C. Ltd, Pune) v. Kautilal Audumbar Kasab (Dead) Thr Lrs Audumbar And ORS

{1} CIVIL APPLICATION NO. 15259 OF 2019 IN through his L. Rs. & another Applicants The State of Maharashtra & another Mr. A. S. More, advocate for the Applicants Mr. S. R. Yadav Lonikar, AGP for Respondent No.1. Mr. R. A. Tambe, advocate for Respondent No.2. PC :

Heard learned Counsel for respective parties. The applicants are claiming withdrawal of entire amount of compensation under the impugned award, which has been deposited by the appellant-acquiring body. However, in other similar matters, this Court had permitted withdrawal of 75% of the compensation amount and, therefore, same order will follow.

Accordingly, following order is passed:

(i) The applicants are permitted to withdraw 50% of the deposited amount of compensation on usual undertaking.

{2} (ii) The applicants are also permitted to withdraw 25% amount of the compensation amount on furnishing solvent surety/ security to the satisfaction of Registrar (J) of this Court. Civil Application is accordingly disposed of.

{3} CIVIL APPLICATION NO. 4989 OF 2017 IN Executive Engineer, Sina Kolegaon Project, Paranda, District Osmanabad Applicant through L. Rs. & others Mr. R. A. Tambe, advocate for the Applicant Mr. A. S. More, for Respondents No.1-2B to 1-2F & 2. Mr. S. R. Yadav Lonikar, AGP for Respondent No.3. PC :

By way of this application, the acquiring body, is seeking condonation of delay of 408 days which appears to be caused due to obtaining approvals at various stages. As such and for the reasons stated in the application, the delay of 408 days stands condoned.

The appeal be placed for admission after removal of office objections, if any.

Civil Application is disposed of.

{4} Executive Engineer, Sina Kolegaon Project, Paranda, District Osmanabad Appellant through L. Rs. & others Mr. R. A. Tambe, advocate for the Appellant Mr. A. S. More, for Respondents No.1-2B to 1-2F & 2. Mr. S. R. Yadav Lonikar, AGP for Respondent No.3. PC:

The learned AGP waives notice for Respondent No.3-State. Mr. A. S. More, learned Counsel for the Respondents-original claimants waives service in main appeal.