Subhash Jaysing Pardeshi (Shira) v. The Ex. Engineer, Minor Irrigation Division (M.I.W) Jalgaon And ORS
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO.3390 OF 2020 FIRST APPEAL NO.2506 OF 2019 Ramdas Bajirao Patil (Pawar) ..APPLICANT CIVIL APPLICATION NO.3391 OF 2020 FIRST APPEAL NO.2508 OF 2019 Narendra Rupsing Pardeshi ..APPLICANT CIVIL APPLICATION NO.3392 OF 2020 FIRST APPEAL NO.2504 OF 2019 Gulab Natthu Pardeshi ..APPLICANT CIVIL APPLICATION NO.3393 OF 2020 FIRST APPEAL NO.2503 OF 2019
{2} Kamanbai Gulab Pardeshi ..APPLICANT CIVIL APPLICATION NO.3394 OF 2020 FIRST APPEAL NO.2502 OF 2019 Subhash Jaysing Pardeshi (Shira) ...APPLICANT CIVIL APPLICATION NO.3395 OF 2020 FIRST APPEAL NO.2501 OF 2019 Girdhar Shivram Wagh ...APPLICANT CIVIL APPLICATION NO.3396 OF 2020 FIRST APPEAL NO.2500 OF 2019 Bhagwat Adhar Thakur & ors.
...APPLICANTS
{3} CIVIL APPLICATION NO.3397 OF 2020 FIRST APPEAL NO.2499 OF 2019 S/P. Bhagwat Adhar Thakur ...APPLICANT For Rajendra Adhar Thakur CIVIL APPLICATION NO.3398 OF 2020 FIRST APPEAL NO.2498 OF 2019 S/P. Bhagwat Adhar Thakur ...APPLICANT For Jyoti Bhagwat Thakur CIVIL APPLICATION NO.3399 OF 2020 FIRST APPEAL NO.2509 OF 2019 Vasant Hiraman Patil & anr.
...APPLICANTS
{4} CIVIL APPLICATION NO.3400 OF 2020 FIRST APPEAL NO.2505 OF 2019 Padamsing Harsing Shira & ors.
...APPLICANTS CIVIL APPLICATION NO.7965 OF 2020 FIRST APPEAL NO.2507 OF 2019 Hilal Sandu Thakur (Dead), through L.Rs.
Sushilabai Hilal Thakur & ors.
...APPLICANTS Mr Vijay B. Patil, Advocate for applicants;
Mr S.S. Chillarge, Advocate for respondent no.1; Mr S.S. Dande, A.G.P. for respondents no.2 & 3 CORAM : SUNIL P. DESHMUKH ABHAY AHUJA, JJ.
DATE : 13-01-2021 PER COURT :
1.
These are applications for withdrawal of amount deposited by the acquiring body in this court.
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While compensation @ Rs.16,00,000/- per Acre had been demanded, reference court had granted compensation to the extent of Rs.5,40,000/- per Acre.
3.
Acquiring body is before this court in frst appeal challenging aforesaid award by the reference court. 4.
This court, under an order on applications for stay to award, had directed the acquiring body to deposit entire award amount. Acquiring body has deposited only a partial amount, which is claimed not even to be half of the award amount. For withdrawal of said amount, these applications have been moved. 5.
Learned advocate appearing for the acquiring body purports to point out that in the group of civil applications bearing No.12614 of 2019 and others, the acquiring body could deposit only 25% of the awarded amount. In the present group of civil applications, however, the amount deposited would be close to 40% of the awarded amount. He further purports to reiterate his submissions resisting the withdrawal and also purports to draw attention to certain observations in the reference court judgment as well as judgment of supreme court,
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6.
However, it appears that acquiring body has not deposited as yet the entire amount as directed and only partial deposit is there, we deem it appropriate to let the claimants withdraw 50% from the deposited amount on the following conditions : 7.
Applicants are permitted to withdraw 50% of the amount presently deposited in this court on furnishing undertaking in this court to the efect that in case frst appeals are decided against their interest, they would deposit back the amounts so withdrawn as would be required pursuant to decision in frst appeals within a period of eight weeks from the date of such decision. 25% amount from the amount presently deposited be allowed to be withdrawn by the applicants on furnishing solvent surety / security to the satisfaction of the Registrar (Judicial). Balance 25% of the amount deposited by the acquiring body be invested in a fxed deposit in any nationalized bank.
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Learned Counsel for the acquiring body states that paperbooks would be prepared. (ABHAY AHUJA) (SUNIL P. DESHMUKH) JUDGE JUDGE amj