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Bombay High CourtCA/2833/2024admittedallowedgrantedrule absolute

Kisan Manga Girhe (Died) Thr Lrs Sitabai And ORS v. The Executive Engineer, Upper Pravara Dam Division,Sangamner Now Under Gmidc Aurangabad And ANR

2024-07-19Hon'Ble Shri Justice N. B. Suryawanshi2 pages

2024:BHC-AUG:14748 920-CA-2833-24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2833 OF 2024 IN FA/3212/2017 Kisan Manga Girhe (died) Through L.Rs.

Sitabai Kisan Girhe And Others

VERSUS

The Executive Engineer, Upper Pravara Dam Division, Sangamner Now Under GMIDC Aurangabad And Another ......

Mr. D.A. Bide, Advocate for Applicants Mr. K.P. Rodge, Advocate h/f Mr. P.G. Rodge, Advocate for Respondent No.1 Mr. B.B. Bhise, AGP for Respondent No.2 - State ......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 19th JULY, 2024 ORDER :

1.

It is not in dispute that in connected matters this Court by order dated 18.02.2019 in Civil Application No.2374/2024 in FA/3223/2017 and connected matters, has permitted applicants/claimants to withdraw 60% of the deposited amount on submitting undertaking to the satisfaction of Reference Court.

2.

In that view of the matter, civil application is partly allowed.

S.P. Rane

920-CA-2833-24 3.

Applicants/claimants are permitted to withdraw 60% amount of compensation deposited by the acquiring body along with accrued interest thereon, on furnishing undertaking to the satisfaction of the Reference Court.

4.

The amount permitted to be withdrawn by applicants/claimants be transmitted to the Reference Court by the Registry within a month.

5.

Remaining amount be invested in Fixed Deposit to be renewed from time to time.

[NITIN B. SURYAWANSHI ] JUDGE S.P. Rane