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Bombay High CourtCA/6075/2020disposed off

Ganpat Annasaheb Chavan v. Ex. Engineer, Latur Minor Irrigation Division, Latur Under G.M.I.D.C., Aurangabad And ORS

2020-11-04Hon'Ble Shri Justice V.K. Jadhav2 pages

ca6075.20 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 24 CIVIL APPLICATION NO.6075 OF 2020 IN FAST/40845/2019 WITH CA/2008/2020 IN FAST/40845/2019 WITH CA/2009/2020 IN FAST/40845/2019 GANPAT ANNASAHEB CHAVAN

VERSUS

EX. ENGINEER, LATUR MINOR IRRIGATION DIVISION, LATUR UNDER G.M.I.D.C., AURANGABAD AND ORS ...

Advocate for Applicant : Mr. Kendre N.D.

Advocate for Respondent No.1 : Mr. B.R. Surwase AGP for Respondents 2 and 3: Mr. P.K.Lakhotia .....

CORAM : V. K. JADHAV, J.

DATED : 4th NOVEMBER, 2020 PER COURT:- 1.

Heard both sides.

2.

I have carefully gone through the award passed by the Reference dated 30.1.2018. It appears that the S.L.A.O. has granted compensation at the rate of Rs.2500/- per Are whereas the Reference Court has enhanced the compensation at the rate or Rs.9875/- per Are.

3.

In view of the above, the applicant-claimant is permitted to withdraw the compensation amount on certain conditions. Hence, the following order:-

O R D E R

I.

The civil application is hereby partly allowed.

ca6075.20 -2II.

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

Civil application is disposed of.

( V. K. JADHAV, J.) rlj/