Pandurang Namdeo Khandekar v. The Godavari Marathwada Irrigation Development Corporation Thr Executive Engineer And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.5242 OF 2019 IN FIRST APPEAL NO.2614 OF 2018 (Vishwambhar Bhimrao Khandekar Vs. The Godavari Marathwada Irrigation Development Corporation through its Executive Engineer) AND CIVIL APPLICATION NO.5243 OF 2019 IN FIRST APPEAL NO.2615 OF 2018 (Pandurang Yashwant Thombre and another Vs. The Godavari Marathwada Irrigation Development Corporation through its Executive Engineer and another) AND CIVIL APPLICATION NO.5244 OF 2019 IN FIRST APPEAL NO.2616 OF 2018 (Bajirao Bhaurao Salgar (Died) through L.Rs. Dhondabai (Died) through L.Rs. Manjulabai (Died) through L.R. Sulbha Vs. The Godavari Marathwada Irrigation Development Corporation through its Executive Engineer) AND CIVIL APPLICATION NO.5245 OF 2019 IN FIRST APPEAL NO.2617 OF 2018 (Pandurang Namdeo Khandekar Vs. The Godavari Marathwada Irrigation Development Corporation through its Executive Engineer) ---- Mr. A.N. Nagargoje and Mr. R.K. Shingnapure, Advocates for the applicants Mr. A.M. Gaikwad, Advocate for respondent No.1 Mr. S.P. Deshmukh, A.G.P. for the respondent/State ---- CORAM :

SUNIL K. KOTWAL, J.

DATE :

26th APRIL, 2019

ca5242-2019+ ORDER :

Heard learned counsel for the applicants, learned counsel for Acquiring Body and learned A.G.P. for the State.

2.

Perused the award passed by the Reference Court. The compensation is awarded at the rate of Rs.50,000/- per acre, which, prima facie, does not appear to be exorbitant. It is also pointed out that in connected matter, already the Executing Court has allowed to withdraw the entire deposited compensation amount. Considering these circumstances, permission is granted to the applicants to withdraw the entire deposited compensation amount subject to filing of written undertaking to re-deposit the withdrawn amount as and when directed by this Court. The undertaking be filed within a period of eight weeks from the date of passing of this order in concerned First Appeal. The Civil Applications are accordingly allowed and disposed of.

[SUNIL K. KOTWAL] JUDGE npj/ca5242-2019+