The Executive Engineer, Irrigation Department Strengthening Division Omerga v. Dattatraya Dadarao Shinde

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

72. CIVIL APPLICATION NO. 540 OF 2024 IN FIRST APPEAL/2890/2023 DATTATRAYA DADARAO SHINDE

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR OSMANABAD WITH CIVIL APPLICATION NO. 4885 OF 2023 IN FIRST APPEAL (ST) No. 10213 OF 2023 THE EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT STRENGTHNING DIVISION OMERGA

VERSUS

DATTATRAYA DADARAO SHINDE .....

Advocate for Applicant : Mr. L. C. Patil A.G.P for Respondent Nos. 1 and 2 : Mr. A. S. Shinde Advocate for Respondent No.3 : Mr. V. P. Narwade ....

CORAM : S. G. MEHARE, J.

DATE : 19.01.2024 ORDER :

1.

Heard the learned counsel for the applicant and the learned counsel for the appellant/Acquiring Body.

2.

In similarly situated case this Court by order on 31st October 2023 allowed the applicant to withdraw the amount. Hence, the order.

ORDER

(i) The application is partly allowed.

(ii) Applicants are allowed to withdraw 75% of the total amount of compensation. 50% amount be released on the usual undertaking to the satisfaction of the learned Registrar (Judicial) of this Court and 25% on furnishing solvent surety/security to the satisfaction of the leanred Registrar ( Judicial) of this Court. The remaining amount be kept in fixed deposit in any Nationalized Bank on the yearly renewal basis.

CIVIL APPLICATION NO. 4885 OF 2023 IN F.A.S.T. 10213 OF 2023 (STAY) 3.

The applicants have moved this application for stay to the impugned judgment and award.

4.

Heard the learned counsel for the applicants and the learned counsel for the respondents.

5.

The learned counsel for the applicant submitted that the entire amount of compensation has been deposited. Hence, the impugned award may be stayed. Hence, the following order :-

ORDER

(i) The application is allowed.

(ii) The office is directed to register the appeals. (iii) The implementation, effect and operation of the impugned award is stayed till the conclusion of the appeals. 6.

Issue notice to the respondents after admission. The learned A.G.P waives service of notice for respondent State. 7.

The learned counsel Mr. L. C. Patil waives service of notice for the respondent.

8.

Call record and proceedings.

9.

List the matter in due course.

( S. G. MEHARE ) JUDGE ysk