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Bombay High CourtCA/6056/2020disposed off

Mangalbai Chandrashekar Halkude (Died) Thr Lrs Mahesh Halkude v. The Ex. Director And Ex. Engg, Latur Medium Project Div. At Latur Under The Gmidc Aurangabad And Or

2020-11-25Hon'Ble Shri Justice V.K. Jadhav2 pages

{1} ca605620.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.6056 OF 2020 IN FIRST APPEAL NO.2450 OF 2019 Mangalbai w/o Chandrashekhar Halkude (died), through L. R.:

Applicant

Versus

The Executive Director and Executive Engineer, Latur Medium Project Division at Latur & others Respondents Mr.N.D.Kendre, advocate for the applicant.

Mr.Anand Chawre, advocate for Respondent No.1. Mr.S.N.Kulkarni, AGP for Respondent No.2.

CORAM : V.K.JADHAV, J.

DATE : 25th November, 2020.

PC :

1.

Heard both sides.

2.

It appears that the date of award is dated 16th July, 2016. The S.L.A.O. has awarded the compensation @ Rs.920/- per Are (Rs.36,800/- per acre), whereas the Civil Court has granted enhanced compensation @ Rs.2500/- per Are (Rs.1,00,000/- per acre for dry lands.

3.

Thus, considering the same, the applicants-original

{2} ca605620.odt claimants, in this civil application, are permitted to withdraw the compensation amount partly with certain conditions. Hence, the following order:-

O R D E R

I.

The civil application is partly allowed.

II.

The applicants-original claimants are permitted to withdraw the compensation amount to the extent of 50% out of the amount deposited before this Court on furnishing an undertaking and further 25% of the amount out of the amount deposited before this Court on furnishing solvent security/surety to the satisfaction of the Registrar (Judicial) of this Court. III.

Civil application is accordingly disposed of. (V.K.JADHAV) JUDGE adb