Bombay High CourtCA/6422/2023disposed off

Bhimrao Shivaji Kadam v. The State Of Maharashtra Through Collector, Osmanabad And Others

2023-06-13Hon'Ble Shri Justice Sandipkumar C. More5 pages

{1} CIVIL APPLICATION NO. 6422 OF 2023 IN Applicant The State of Maharashtra and others Respondents Mr. A. S. More, advocate for the Applicant Mr. S. S. Dande, AGP for Respondents No.1 & 2. Mrs. S. D. Shelke, advocate for Respondent No.3. Heard rival submissions.

The applicant is seeking withdrawal of amount of compensation along with the interest. It appears that the appellant-acquiring body has deposited 50% of the compensation amount in this application.

This Court, vide order dated 04.01.2023, has already permitted the applicants, in other connected matters, to withdraw the entire 50% amount of compensation.

{2} As such, the applicant herein is permitted to withdraw the entire deposited amount of compensation along with interest accrued thereon by furnishing usual undertaking to the satisfaction of Registrar (J) of this Court. Civil Application is accordingly disposed of.

{3} CIVIL APPLICATION NO. 5062 OF 2022 IN The Executive Engineer, Seena Kolegaon Medium Project, Paranda & others Applicants Respondent Mrs. S. D. Shelke, advocate for the Applicants Mr. A. S. More, advocate for Respondent-claimant. Since the appellant-acquiring body has deposited amount of compensation, as directed by this Court, Civil Application is made absolute in terms of prayer clause {B} and disposed of.

{4} CIVIL APPLICATION NO. 5061 OF 2022 IN The Executive Engineer, Seena Kolegaon Medium Project, Paranda & others Applicants Respondent Mrs. S. D. Shelke, advocate for the Applicants Mr. A. S. More, advocate for Respondent-claimant. Heard rival submissions.

The applicant-acquiring body is seeking condonation of delay of 997 days which appears to be caused due to obtaining approvals at various stages. There is no strong objection from the respondent-claimant. Hence, by considering the statutory right of the applicant, delay of 997 days stands condoned.

{5} Appeal be placed for admission after removal of offce objections, if any.

Civil Application is disposed of.