The Executive Engineer Medium Project Division Osmanabad District Osmanabad v. Mohan Sahebrao Titave And ORS

2025:BHC-AUG:13166 962 CA 1829 2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 962 CIVIL APPLICATION NO. 1829 OF 2025 IN FA/2912/2023 Dhondiram Mohan Titave

Versus

The Executive Engineer Medium Project Division Osmanabad ...

Mr. S. P. Salgar, Advocate h/f Mr. A. R. Devakate, Advocate For Applicant Mr. S. P. Joshi, AGP For Respondent Nos. 2 and 3 Mr. A. H. Koralkar, Advocate For Respondent No. 1 ...

WITH CIVIL APPLICATION NO. 1828 OF 2025 IN FA/2911/2023 WITH CIVIL APPLICATION NO. 4595 OF 2023 IN FA/2911/2023 WITH CIVIL APPLICATION NO. 4593 OF 2023 IN FA/2912/2023 ...

CORAM

:

ROHIT W. JOSHI, J.

DATE :

4th APRIL, 2025 ORDER :

First Appeal No. 2912 of 2023 and First Appeal No. 2911 of 2023 :- 1.

Admit.

2.

Call Record & Proceeding.

3.

Learned AGP waives for respondent nos. 2 and 3 in respective appeals.

4.

Learned advocate, Mr. Mr. S. P. Salgar h/f Mr. A. R. Devakate waives for respondent no. 1 in respective appeals. 1/2

962 CA 1829 2025.odt Civil Application No. 4593 of 2023 and Civil Application No. 4595 of 2023 (Stay) :- 1.

Since the entire amount is already deposited along with accrued interest, it will be expedient in the interest of justice that execution of impugned judgments and awards is stayed till the final disposal of the appeals, subject however to right of the land owners to move for withdrawal of the amount.

2.

Civil applications stand disposed of.

Civil Application No. 1829 of 2025 and Civil Application No. 1828 of 2025 (Withdrawal) :- 1.

This is the application for withdrawal of amount filed by the original land owners. Learned Reference Court has granted enhancement in the amount of compensation awarded by the Land Acquisition Officer by almost 11 times. In that view of the matter, I am inclined to permit applicants to withdraw 50% of the amount of compensation deposited by the non-applicants/acquiring body with this Court on furnishing usual undertaking.

2.

Civil applications stand disposed of, accordingly. [ROHIT W. JOSHI, J.] ks_kamble/ 2/2