Kashinath Ramrao Malkar (Died) Thr Lrs Janabai And ORS v. The G.M.I.D.C., Thr Its Ex. Engineer, Aurangabad And Another

1 CA-5783-2021.doc

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5783 OF 2021 IN FIRST APPEAL NO. 276 OF 2020 Namdev Machindra Kale ... Applicant

Versus

The Godawari Marathwada Irrigation Development Corporation and another ... Respondents AND CIVIL APPLICATION NO. 5784 OF 2021 IN FIRST APPEAL NO. 277 OF 2020 Kashinath Ramrao Malkar [Died] Through the legal heirs...

1] Janabai wd/o Kashinath Malkar and others... Applicants

Versus

The Godawari Marathwada Irrigation Development Corporation and another ... Respondents ....

Mr. D. A. Bide, Advocate for the applicants Mr. R. B. Gaikwad, Advocate for respondent No.1 Mr. B. V. Virdhe, AGP for the State in CA No.5783 of 2021 Mr. S. S. Dande, AGP for the State in CA No.5784 of 2021 ....

CORAM : R. G. AVACHAT, J.

DATED : 06th JULY, 2021 PER COURT :- .

Both the applications are for withdrawal of the amount of compensation.

2.

Heard. Perused the impugned award and the documents relied on.

2 CA-5783-2021.doc 3.

Learned Advocate for the appellant would submit that the Reference Court has enhanced the compensation manifold. The appellant/acquiring body has very good case in appeals. He, therefore, opposed for grant of application.

4.

Considering the rival submissions and in the factual backdrop, the applicants are permitted to withdraw 75% of the amount of compensation deposited in this Court, in terms of the following order:-

O R D E R

(i) Both the applications are partly allowed.

(ii) The applicants are permitted to withdraw 75% of the deposited amount. Out of which, 50% amount is allowed to be withdrawn on furnishing undertaking and balance 25% amount is allowed to be withdrawn on furnishing solvent security to the satisfaction of the Registrar (Judicial) of this Court.

(iii) Balance 25% amount be kept in any nationalised bank till disposal of the first appeals.

[ R. G. AVACHAT, J. ] SMS