Ashok Bajirao Hinge v. The Executive Engineer Lower Dudhana Project Div. Sailu Thr Jalna Irrigation Div. Jalna And ORS

1 919-CA-5114-18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 919 CIVIL APPLICATION NO. 5114 OF 2018 IN FA/3625/2017 FARHAN AHMED DESHMUKH @ ABDUL FARHAN ABDUL RAZAK

VERSUS

THE EX. ENGINEER, LOWER DUDHANA PROJECT DIV. SAILU THR JALNA IRRIGATION DIV. JALN ...

Advocate for Applicant : Mr. Arun H. Koralkar Advocate for Respondent No. 1 : Mr. R.C. Patil AGP for Respondent No. 2: Mr. A.M. Phule ...

WITH CA/4714/2018 IN FA/3723/2017 WITH CA/4715/2018 IN FA/3626/2017 WITH CA/4717/2018 IN FA/3649/2017 WITH CA/4718/2018 IN FA/3635/2017 CORAM : K.K. SONAWANE, J.

DATED : 12th JUNE, 2018.

Order :- 1.

Heard learned counsel for appearing parties.

2.

Learned counsel for applicant submits that the Land Acquisition Officer has granted Rs. 900/- per R to the land under acquisition of the claimants. The Reference Court awarded enhanced compensation amount to the tune of Rs. 2500/- per R. In view of Government Resolution dated 3rd November, 2016, the amount enhanced by the Reference Court would not be more than four times granted by the SLAO, therefore, he prayed to allow the applicants to withdraw 50% of the amount on furnishing undertaking and 25% of the amount on furnishing solvent surety.

3.

In view of the nature of the subject-matter and Government Resolution dated 3rd November, 2018, there is no impediment to allow the applicants/claimants to withdraw some

2 919-CA-5114-18 part of the compensation amount deposited in this Court. 4.

Accordingly, the application is partly allowed. The applicants are allowed to withdraw 50% of the amount deposited in this Court on furnishing undertaking to the effect that in case adverse situation arises, they would refund the amount within stipulated period, as per directions of this court. Rest of 25% from the balance amount be allowed to be withdrawn on furnishing solvent surety of like amount to the satisfaction of Registrar (Judicial) of this Court and rest of the 25% amount be invest in the FDR Account in any nationalized Bank for two years or till final disposal of the appeal, whichever is earlier. 5.

The civil applications stand disposed of accordingly. [ K. K. SONAWANE ] JUDGE MTK.