The Executive Director, G.M.I.C. Through, The Executive Engineer, M.I. Div. No. 1, Aurangabad. v. Rayaji Mahadu Parkhe, Died Through L.Rs. Pandurang And ORS

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 910 CIVIL APPLICATION NO. 13778 OF 2024 IN FAST/13873/2023 AND CIVIL APPLICATION NO. 5662 OF 2023 IN FAST/13873/2023 AND CIVIL APPLICATION NO. 5663 OF 2023 IN FAST/13873/2023 AND CIVIL APPLICATION NO. 9258 OF 2024 IN FAST/13873/2023 1 RAYAJI MAHADU PARKHE DIED THOUGH LRS 1 A PANDURANG RAYAJI PARKHE AND ORS ....Applicants

VERSUS

THE EXECUTIVE DIRECTOR GMIDC THROUGH THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION NO 1 AND ORS .....Respondents Mr. A. M. Hazare, Advocate for the applicants Mr. S. G. Bhalerao, Advocate for the respondent No.1 (through VC) Mrs. D. S. Jape, AGP for the respondents/State CORAM : KISHORE C. SANT, J.

DATE : 20th DECEMBER, 2024 P. C.

(2) DELAY This application is for condonation of delay of 252 days caused in filing the appeal.

For the reasons stated in the application, the delay stands condoned. The application stands allowed. Office to register the appeal.

LRs This application is for bringing on record the legal heirs of the deceased respondents- original claimants. There is delay of 776 days caused in filing this application.

For the reasons stated in the application, the application stands allowed by condoning the delay. 4.

Necessary amendment be carried out within two

(3) weeks from today.

WITHDRAWAL Heard.

This application is for withdrawal of the amount of compensation deposited by the acquiring body in the office of this court.

This court has passed the order in similar matters on 07-05-2024.

4.

In view of the same, the application stands allowed in terms of prayer clause-B. The applicants are permitted to withdraw 75% of the amount deposited in the office of this court alongwith accrued interest on furnishing usual undertaking. Remaining amount be kept in fixed deposit in any nationalized bank till disposal of the appeal.

(4) STAY Since the entire amount is deposited in the office of this court, there shall be stay to the impugned judgment and award till disposal of the appeal.

The application stands disposed off.

APPEAL Heard.

Admit.

Mr. Hazare, learned advocate waives service of notice for the respondents.

[KISHORE C. SANT, J.] VishalK/910ca5662.23