Bombay High CourtCA/15189/2022disposed off

Ex. Engineer, Beed Irrigation Div. Beed Under Gmidc, Aurangabad And ANR v. Shrikishan S/O Shivaji Futane

2023-06-13Hon'Ble Shri Justice Sandipkumar C. More4 pages

{1} CIVIL APPLICATION NO. 6856 OF 2023 IN CIVIL APPLICATION NO. 6929 OF 2023 IN CIVIL APPLICATION NO. 6930 OF 2023 IN CIVIL APPLICATION NO. 6931 OF 2023 IN CIVIL APPLICATION NO. 6932 OF 2023 IN CIVIL APPLICATION NO. 6964 OF 2023 IN Mr. R. G. Hange, advocate for the Applicants Mr. B. R. Survase, advocate for Respondent No.1. Mr. S. N. Kendra, Mr. A. B. Chate, Mr. P. M. Kulkarni and Mr. B. V. Virdhe, AGPs for Respondent-State authorities. Heard rival submissions.

The applicants, in all these applications, are seeking withdrawal of their respective amounts of compensation along with the interest. It appears that the appellant-acquiring body has deposited entire amounts of

{2} compensation in these applications.

The learned Counsel for the appellant-acquiring body has strongly opposed the applications on the ground that the Reference Court has granted exorbitant compensation, which is nearly ten times more than the compensation granted by the SLAO. Moreover, the interest is also awarded from the date of possession instead of date of award.

In view of the same, the applicants herein are permitted to withdraw 75% of the deposited amount i.e. 50% by furnishing usual undertaking and 25% on furnishing solvent surety/security along with proportionate interest to the satisfaction of Registrar (J) of this Court. The remaining amounts be invested in FDR in any Nationalised Bank on yearly renewal basis till fnal disposal of these appeals.

Civil Applications are accordingly disposed of.

{3} CIVIL APPLICATION NO. 15189 OF 2022 IN CIVIL APPLICATION NO. 14272 OF 2022 IN CIVIL APPLICATION NO. 14274 OF 2022 IN CIVIL APPLICATION NO. 14270 OF 2022 IN CIVIL APPLICATION NO. 14277 OF 2022 IN CIVIL APPLICATION NO. 861 OF 2023 IN Mr. B. R. Survase, advocate for the applicant. Mr. R. G. Hange, advocate for Respondents-claimants. Since the appellant-acquiring body has deposited entire amounts of compensation in all these matters, as directed by this Court, Civil Applications are made absolute in terms of prayer clauses {B} and disposed of.

{4} Mr. B. R. Survase, advocate for the applicant. Mr. R. G. Hange, advocate for Respondents-claimants. Heard.

Admit.

Learned Counsel Mr. Hange waives service for the respective respondents-claimants in all these matters.