Arun Shamrao Gaikwad v. The Executive Engineer, Osmanabad Medium Project Division, Osmanabad And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO.5058 OF 2022 IN FA/19015/2020 SANJAY ARUN GAIKWAD
VERSUS
THE EXECUTIVE ENGINEER, OSMANABAD MEDIUM PROJECT DIVISION, OSMANABAD AND OTHERS WITH CIVIL APPLICATION NO.5059 OF 2022 IN FA/19273/2020 ALKA W/O ARUN GAIKWAD
VERSUS
THE EXECUTIVE ENGINEER, OSMANABAD MEDIUM PROJECT DIVISION, OSMANABAD AND OTHERS WITH CIVIL APPLICATION NO.5060 OF 2022 IN FA/19266/2020 ARUN SHAMRAO GAIKWAD
VERSUS
THE EXECUTIVE ENGINEER, OSMANABAD MEDIUM PROJECT DIVISION, OSMANABAD AND OTHERS ....
Mr. S.N. Patne, Advocate for the Applicants Ms. Sunita Shelke, Advocate for Respondent no.1 Mr. P.M. Kulkarni, AGP for for Respondent Nos.2 and 3 ....
CORAM : SHRIKANT D. KULKARNI, J.
DATE : 04th APRIL, 2022 PER COURT:- 1.
These are the applications moved by the original claimants seeking permission to withdraw the compensation amount deposited by the appellant / acquiring body.
2.
Heard Mr. S.N. Patne, learned counsel for the applicants, Ms. Sunita Shelke, learned counsel for respondent no. 1 / acquiring body and Mr. Kulkarni, learned AGP for respondent nos. 2 and 3 / State.
3.
It is revealed during the course of argument that the appellant / acquiring body has deposited 70% amount of compensation under the impugned awards in this Court. The claimants intend to withdraw the entire 70% amount of the compensation.
4.
Ms. Shelke, learned counsel for the acquiring body and Mr. Kulkarni, learned AGP for respondent nos. 2 and 3 / State strongly opposed to allow these applications.
5.
It is the practice followed by this Court to allow the original claimants to withdraw 75% amount of the compensation deposited by the acquiring body in the matters arising out of compulsory land acquisition. In the present case, the appellant / acquiring body has deposited 70% amount of the compensation under the impugned awards. Certainly, the applicants / claimants are entitled to get the entire amount of compensation since 30% amount of the compensation is yet to be deposited.
O R D E R
(i) The applications are hereby allowed as under: (a) The applicants / claimants are hereby permitted to withdraw 50% of the amount with accrued interest thereon subject to furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court. (b) The applicants / claimants are further permitted to withdraw 20% of the amount with accrued interest thereon subject to furnishing solvent surety / security to the satisfaction of the Registrar (Judicial) of this Court.
(iii) The civil applications are accordingly disposed of. [ SHRIKANT D. KULKARNI ] JUDGE S.P. Rane