Balu Eknath Gote And ANR v. The Ex. Engineer, Minor Irrigation Div. No. 1 Aurangabad Under Gmidc, Aurangabad And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

951 CIVIL APPLICATION NO.7163 OF 2022 IN FA/3113/2021 BALU EKNATH GOTE AND ANOTHER

VERSUS

THE EX. ENGINEER, MINOR IRRIGATION DIV. NO. 1 AURANGABAD UNDER GMIDC, AURANGABAD AND ANOTHER ...

Advocate for Applicants : Mr. Sagar Nandkishor Pahune Patil. Advocate for Respondent No.1 : Mr. B. R. Surwase. AGP for Respondent/State: Mr. A. B. Chate.

...

CORAM :

SHRIKANT D. KULKARNI, J.

DATE :

05th May, 2022.

P.C.:

.

It is an application for withdrawal of compensation amount moved by the applicants/claimants.

Heard Mr. Pahune Patil, learned counsel for the applicants/ claimants, Mr. Surwase, learned counsel for respondent No.1/ acquiring body and Mr. Chate, learned AGP for the State. It is revealed during course of argument that the acquiring body has deposited 80% of the amount of compensation with accrued interest thereon in this Court as per the order passed by this Court.

It is a practice followed by this Court to allow the claimants arising out of land acquisition matters to withdraw 75% of the amount of compensation with accrued interest thereon. In this case, the acquiring body has deposited 80% of the amount of compensation with interest. Meaning thereby the interest of the acquiring body has been protected by retaining 20% of the amount of compensation. Having considered all these aspects and the submissions of the learned counsel for both the sides, I am convinced to allow the applicants/claimants to withdraw entire 80% of the amount of compensation as under:

O R D E R

I.

The application is hereby allowed as under:

II.

The applicants/claimants are hereby permitted to withdraw 50% of the amount of compensation with accrued interest thereon on furnishing usual undertaking with the Registrar (Judicial) of this Court. III.

The applicants/claimants are further permitted to withdraw 30% of the amount of compensation with

accrued interest thereon on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court.

IV.

The application is accordingly disposed of.

[ SHRIKANT D. KULKARNI, J. ] nga