Sitaram Eknath Ghogre v. The Ex. Engineer, Minor Irrigation Division, Osmanabad And ORS
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 974 CIVIL APPLICATION NO.4684 OF 2023 IN FA/3019/2019 DHARMARAJ NAMDEV LOMTE
VERSUS
THE EX. ENGINEER, MEDIUM PROJECT DIVISION, OSMANABAD AND OTHERS AND 975 CIVIL APPLICATION NO.4685 OF 2023 IN FA/3028/2019 SITARAM EKNATH GHOGRE
VERSUS
THE EX. ENGINEER, MINOR IRRIGATION DIVISION, OSMANABAD AND OTHERS AND 984 CIVIL APPLICATION NO.5241 OF 2023 IN FAST/21546/2018 WITH CA/1186/2019 IN FAST/21546/2018 WITH CA/1187/2019 IN FAST/21546/2018 VIKRAM SITARAM GHOGRE
VERSUS
THE EX. ENGINEER, MINOR IRRIGATION DIVISION, OSMANABAD AND OTHERS AND 987 CIVIL APPLICATION NO.5245 OF 2023 IN FAST/21534/2018 WITH CA/1194/2019 IN FAST/21534/2018 WITH CA/1195/2019 IN FAST/21534/2018 RAMCHANDRA SURYABHAN GHOGRE
VERSUS
THE EX. ENGINEER, MEDIUM PROJECT DIVISION, OSMANABAD AND OTHERS ...
Mr. Vivek Tarde, Advocate for the applicants. Mr. S.V. Kurundkar, Advocate for Acquiring Body. Mr. B.V. Virdhe, Mr. S.S. Dande, Mr. S.W. Mundhe and Mr. S.N. Kendre, AGPs for respondent State in respective matters.
(2) ...
CORAM :
SANDIPKUMAR C. MORE, J.
DATED :
20th April 2023.
ORDER:- IN CIVIL APPLICATIONS FOR WITHDRAWAL OF AMOUNT : 1.
Heard rival submissions.
2.
The respective applicants are seeking withdrawal of their respective amounts of compensation, which have been deposited by the acquiring body alongwith the interest accrued thereon.
3.
This Court, in other connected, matters vide order dated 08.04.2022, has already permitted the applicants therein to withdraw 75% of the deposited amounts. As such, the applicants herein are permitted to withdraw 75% of the deposited amounts of compensation alongwith the proportionate interest accrued thereon till date i.e. 50% on usual undertaking and 25% on furnishing solvent security/surety to the satisfaction of the Registrar (Judicial) of this court. The remaining amounts be kept in FDR in any nationalized Bank on yearly renewal basis till final disposal of these appeals.
4.
The civil applications are accordingly disposed of.
(3) IN CIVIL APPLICATIONS FOR CONDONATION OF DELAY : 1.
The appellant - Acquiring Body in all these applications is seeking condonation of delay periods as mentioned therein, which appear to be cause due to obtaining sanctions at various stages. There is no strong objection from other side and therefore the delay periods stand condoned. 2.
The appeals be placed for admission after removal of office objections, if any.
3.
Applications are accordingly disposed of.
IN CIVIL APPLICATIONS FOR STAY :
Since the appellant Acquiring Body has deposited entire amounts of compensation in all these applications, the same are made absolute in terms of prayer clause (B) and stand disposed of.
(SANDIPKUMAR C. MORE, J.) vd_dhirde