Uddhavrao Ashruba Late (Died) Thr Lrs Prayagbai Late And ORS v. The Ex. Engineer, Nimna Dudhna Prakalp Div. Sailu, Parbhani Thr Jalna Irrigation Div., Jalna And Or

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5134 OF 2020 IN FIRST APPEAL (STAMP) NO.15477 of 2019 Udhavrao S/o Ashruba Late (Died) Through his L.Rs.

a) Prayagbai Uddhavrao Late and others.

..APPLICANTS -VERSUSExecutive Engineer, Nimna Dudhana Prakalp ..RESPONDENT ...

Mr.M.P. Tripathi, Advocate for the applicants-claimants Mr. S.G. Sangle, Advocate for Respondent No.1.

Mr.P.K. Lakhotiya, AGP for respondent/State ...

CORAM: V.L. ACHLIYA,J.

DATE : 04.09.2020 ORAL ORDER:

The applicants-claimants have moved this application seeking withdrawal of amount of Rs.14,38,253/- deposited by the appellantacquiring body. 2.

Heard learned counsel for applicants- claimants and Advocate representing the respondent no.1 - acquiring

body. Perused the judgment and award.

3.

In brief, it is the contention of learned counsel that the compensation awarded by the Special Land Acquisition Officer @ Rs.527/- per R has been enhanced by the Reference Court @ Rs.1200/- per R by treating the land as semi irrigated land. It is submitted that the compensation awarded on account of fruit bearing trees is not sustainable.

4.

Considering the challenge raised in appeal, I am of view the applicants deserve to be permitted to withdraw the amount to the extent of 75% of amount deposited. Hence the following order:-

ORDER

(i) The applicants are permitted to withdraw the amount to the extent of 75% of amount deposited on furnishing the written undertaking to the effect that in case, the award is set aside or modified, the applicants shall redeposit the amount within 8 weeks from the date of order.

(ii) The application is disposed of in above terms.

[V.L. ACHLIYA] JUDGE SGA