Bombay High CourtCA/4282/2024partly allowed and partly dismissed

Mahammad Mujib Ibrahim v. The Ex. Engineer, U.P.Project No. 6 Nanded, Thr Gmidc, Aurangabad

2024-07-05Hon'Ble Shri Justice Kishore C. Sant2 pages

2024:BHC-AUG:13503 ( 1 ) ca4281.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 69 CIVIL APPLICATION NO. 4281 OF 2024 IN FA/251/2022 BALAJI BIRGOUDA CHIKALE

VERSUS

THE EX. ENGINEER, U.P.PROJECT NO. 6 NANDED, THR GMIDC, AURANGABAD 70 CIVIL APPLICATION NO. 4282 OF 2024 IN FA/252/2022 MAHAMMAD MUJIB IBRAHIM

VERSUS

THE EX. ENGINEER, U.P.PROJECT NO. 6 NANDED, THR GMIDC, AURANGABAD 71 CIVIL APPLICATION NO. 4283 OF 2024 IN FA/249/2022 BALAJI DATTATRAY BINGEWAR

VERSUS

THE EX. ENGINEER, U.P.PROJECT NO. 6 NANDED, THR GMIDC, AURANGABAD Mr.K.R. Choudhari h/f. Mr. S.S. Thombre, Advocate for the applicants. Mr.A.M. Phule, Mr. G.O. Wattamwar, Ms. M.N. Ghanekar, AGPs for the respondent/State.

CORAM

: KISHORE C. SANT, J.

DATED : 05.07.2024 PC :- 01.

Heard the learned advocates for the parties.

02.

This application is for withdrawal of amount of compensation deposited by the appellant/Acquiring Body in this Court along with accrued interest pursuant to the judgment and award passed by the Resettlement and Rehabilitation Authority.

03.

Applicant as well as the appellant has produced on record earlier

( 2 ) ca4281.24 orders passed by this Court. By order dated 12.9.2023 in Civil Application No. 3516/2023 and other connected matters, this Court permitted the applicants/claimants therein to withdraw 50% amount of total compensation along with accrued interest on usual terms and conditions to the satisfaction of the Registrar (Judicial) of this Court. By order dated 22.8.2023 in Civil Application No. 10536/2023 and other connected matters, this Court had permitted the applicants/claimants therein to withdraw 50% of the total awarded amount.

04.

Considering both these orders, this Court is inclined to pass the following order.

ORDER

(i) Application is partly allowed. Applicant is entitled to withdraw 50% of the amount of total compensation along with accrued interest thereon deposited by the Acquiring Body subject to filing an undertaking that in case the appeal is allowed, the applicant shall redeposit the amount along with interest within twelve weeks thereafter. Remaining amount be kept in fixed deposit in any nationalized bank till disposal of appeal. With this, the civil application is disposed of.

(ii) Vide order dated 1.8.2023 passed by this Court, stay application is already disposed of and appeal is also admitted. [KISHORE C. SANT, J.] snk/2024/JUL24/ca4281.24