Digambar Purushottam Gosavi And ORS v. The G.M.I.D.C, Thr Its Ex. Engineer, Medium Project Division, Osmanabad

2025:BHC-AUG:10509

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

932 CIVIL APPLICATION NO. 3315 OF 2025 IN FA/1046/2019 Digambar Purushottam Gosavi

Versus

The G.M.I.D.C., Thr Its Ex. Engineer, Medium Project Division, Osmanabad & Ors .....

Shri. Vivekanand B. Deshmukh, Advocate for the Applicant Shri. Aniket V. Wadwale h/f. Shri. Hiraji T. Gaikwad, Advocate for Respondent No.1 Shri. Rajdeep D. Raut, AGP for the Respondent / State .....

CORAM : NEERAJ P. DHOTE, J.

Dated : APRIL 2, 2025 PER COURT :- 1.

This is the Application by Respondent No.1 / Claimant in the Appeal for withdrawal of amount deposited by the Acquiring Body / Appellant with this Court.

2.

Heard the learned Advocate for the Applicant / Claimant, the learned Advocate for the Acquiring Body and the learned AGP for the State.

3.

Perused the papers on record. The Acquiring Body has challenged the Judgment and Award dated 23.04.2015 passed by the learned Civil Judge, Senior Division, Osmanabad in LAR No.179/2010 enhancing the compensation towards acquisition of land.

4.

According to the learned Advocates appearing for the parties, enhancement is ten (10) times more than the amount awarded by the Spl. L.A.O. The Appeal is yet to be admitted. Record and Proceedings

are not yet received.

5.

The learned Advocate for the Applicant / Claimant undertakes to furnish undertaking for 50% amount and solvent security / surety for remaining 25% amount. The quantum of total compensation enhanced by the learned Reference Court comes to Rs.4,00,000/- (Rs. Four Lakh) and odd. In this view of the matter, following order is passed.

ORDER

(i) The Applicant / Claimant is permitted to withdraw 75% amount from the amount deposited by the Acquiring Body, along with the interest accrued thereon. 50% amount along with the interest accrued thereon, is allowed to be withdrawn on furnishing usual undertaking by the Claimant and remaining 25% amount along with the interest accrued thereon, is allowed to be withdrawn on furnishing solvent surety / security, to the satisfaction of the learned Registrar (Judicial) of this Court.

(ii) The Application stands disposed off accordingly. ( NEERAJ P. DHOTE, J. ) GGP Signed by: Gajanan G. Punde Designation: PA To Honourable Judge Date: 08/04/2025 19:27:41