The Ex. Engineer, Lower Terna Canal Division Latur v. Shesharao Sangappa Tawade And ORS

1 930 ca 223-23+

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 930 CIVIL APPLICATION NO.223 OF 2023 IN FA/350/2020 WITH CA/6334/2019 IN FA/349/2020 WITH CA/ 6336/2019 IN FA/351/2020 WITH CA/6332/2019 IN FA/350/2020 WITH CA/234/2023 IN FA/349/2020 WITH CA/235/2023 IN FA/351/2020 VINOD KALAYANRAO MUKKE

VERSUS

THE STATE OF MAHARASHTRA, THROUGH THE DIST.

COLLECTOR, LATUR AND OTHERS ...

Advocate for Applicant : Mr. C. D. Biradar AGP for Respondent Nos.1 & 2: Mr. A. B. Chate Advocate for Respondent No.3 : Mr. M. C. Swami ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 10/01/2023.

P. C. :

IN CIVIL APPLICATION NOS.223 OF 2023, 234 OF 2023 AND 235 OF 2023 :- 1.

Heard rival submissions.

2.

The respective applicants are seeking withdrawal of deposited amounts of compensation alongwith interest.

3.

The learned counsel for the acquiring body strongly opposed the applications on the ground that the reference court has granted exorbitant compensation amounts. Moreover, the reference court has also awarded the interest under Section 28 from the date of notifcation and not from the date of award. 4.

In view of the same, the present applicants are permitted to withdraw 50% of their respective share in deposited amounts

2 930 ca 223-23+ alongwith the accrued interest thereon on usual undertaking to the satisfaction of Registrar (Judicial) of this court. 5.

The balance amounts be invested in FDR in any nationalized bank on yearly renewal basis till fnal disposal of these appeals. Applications are accordingly disposed of.

IN CIVIL APPLICATION NOS.6334 OF 2019, 6336 OF 2019 AND 6332 OF 2019 :- Since the acquiring body has deposited the amount as per order of this court, the applications are made absolute in terms of prayer clause-B and disposed of accordingly.

IN FIRST APPEAL NOS.350 OF 2020, 349 OF 2020 AND 351 OF 2020 :- All these appeals be placed alongwith the cross-appeals fled by the claimants in respect of same awards.

( SANDIPKUMAR C. MORE, J. ) VS Maind/-