Jagannath S/O Nivrutti Jadhav Died Thr Lrs Janabai J.Jadhav And ORS v. The Ex. Engineer (Medium Project) Acquring Body, P.B.Division Thr Gmid Aurangabad And ANR

(1) 930-ca-5793-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.5793 OF 2023 IN FA/2244/2022 JAGANNATH S/O NIVRUTTI JADHAV DIED THR LRS JANABAI J.JADHAV AND ORS

VERSUS

THE EX. ENGINEER (MEDIUM PROJECT) ACQURING BODY, P.B.DIVISION THR GMID AURANGABAD AND ANR ...

Mr. A. R. Barate, Advocate for the Applicants. Mr. S. S. Dande, AGP for Respondents-State.

Mr. M. C. Swami, Advocate for Respondent No.1. ...

CORAM : S. G. CHAPALGAONKAR, J.

DATE : 11th AUGUST, 2023.

PER COURT:- 1.

Heard rival submissions.

2.

The applicants are seeking withdrawal of the entire amount of compensation, which has been deposited by the Acquiring Body alongwith the interest accrued thereon. 3.

The learned counsel for the respondent Acquiring Body opposed the application on the ground that though the compensation granted is within four times, but the interest under Section 28 of the Land Acquisition Act is awarded from the date of possession.

4.

In view of the same and considering the enhancement granted by the learned Reference Court, the applicants are

(2) 930-ca-5793-2023 permitted to withdraw 75% of the deposited amount of compensation alongwith the proportionate interest accrued thereon till date on usual undertaking to the satisfaction of the Registrar (Judicial) of this court.

5.

The remaining amount be kept in FDR in any nationalized Bank on yearly renewal basis till final disposal of this appeal.

6.

The civil application is accordingly disposed of. (S. G. CHAPALGAONKAR) JUDGE Devendra/August-2023