Bombay High CourtCA/6996/2023disposed off

Sunita Mahadeo Kakade And ANR v. The Ex. Engineer, (Nirman) (Cons.) C.R.Solpaur Thr Dy. Chief Engineer (Cons),Pune And ORS

2023-06-13Hon'Ble Shri Justice Sandipkumar C. More3 pages

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6996 OF 2023 IN FIRST APPEAL ST. NO. 41008 OF 2019 Sunita Mahadeo Kakade & another Applicants

Versus

The Executive Engineer (Nirman), (Cons.), C. R. Solapur, Pune & others Respondents Mr. P. B. Rakhunde, advocate for the Applicants Mr. M. N. Navandar, advocate for Respondent No.1. Mr. S. N. Kendre, AGP for Respondents No.2 & 3. CORAM : SANDIPKUMAR C. MORE, J.

DATE : 13th June, 2023.

PC :

Heard rival submissions.

The applicants are seeking withdrawal of their entire amount of compensation along with the interest, which has been deposited by the acquiring body.

The learned Counsel for the appellant-acquiring body has strongly opposed the application on the ground that the Reference Court has granted exorbitant compensation, which is nearly thirty times more than the compensation

{2} granted by the SLAO.

In view of the same, the applicants are permitted to withdraw 50% of the deposited amount with proportionate interest by furnishing usual undertaking to the satisfaction of Registrar (J) of this Court with proportionate interest. The remaining amount be invested in FDR, in any Nationalised Bank, on yearly renewal basis till fnal disposal of this appeal.

Civil Application is accordingly disposed of. (SANDIPKUMAR C. MORE) JUDGE adb

{3}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD FIRST APPEAL ST. NO. 41008 OF 2019 The Executive Engineer (Nirman), (Cons.), C. R. Solapur, Pune Appellant

Versus

Sunita Mahadeo Kakade & another Respondents Mr. M. N. Navandar, advocate for the Appellant Mr. P. B. Rakhunde, advocate for Respondents No1 & 2. Mr. S. N. Kendre, AGP for Respondents No.3 & 4. CORAM : SANDIPKUMAR C. MORE, J.

DATE : 13th June, 2023.

PC :

Heard.

Admit.

Learned Counsel Mr. Rakhunde, waives service for Respondents No.1 and 2. Learned AGP waives service for Respondents No.3 & 4.

(SANDIPKUMAR C. MORE) JUDGE adb