Bombay High CourtCA/8455/2019disposed off

Ex. Engineer, Irrigation Project Majbutikaran Division, Omerga Thr M.K.V.D.C. Pune And ORS v. Arun Shivaji Kadam

2023-02-13Hon'Ble Shri Justice Sandipkumar C. More4 pages

{1} CIVIL APPLICATION NO.9158 OF 2021 IN Applicant The State of Maharashtra & others Mr. L. C. Patil, advocate for the Applicant Mr. A. B. Chate, AGP for Respondentd No.1 & 2. Mr. R. A. Tambe, advocate for Respondent No.3. Heard rival submissions.

The applicant-claimant is seeking withdrawal of entire amount of compensation along with the interest, which has been deposited by the acquiring body.

The learned Counsel for the acquiring body strongly opposed the application on the ground that the Reference Court has enhanced amount of compensation almost twelve times. However, the learned Counsel for the

{2} applicant produced on record one letter dated 19.12.2019, wherein the concerned authority of the acquiring body has raised demand to their higher authority for allotting grants of Rs.148.03 lakhs for paying the compensation to the applicants in similar other matters viz. LAR Nos.913, 912, 910, 911 of 2010 and 98 of 2011, wherein even appeals are not preferred.

In view of the same, the applicant is permitted to withdraw 75% of the deposited amount along with accrued proportionate interest thereon by furnishing usual undertaking. The remaining amount be invested in FDR in any Nationalised Bank on yearly renewal basis till fnal disposal of this appeal.

Civil Application is disposed of.

{3} CIVIL APPLICATION NO.8454 OF 2019 IN Executive Engineer, Irrigation Project Majbutikaran Division & others Applicants Mr. R. A. Tambe, advocate for the applicants. Mr. L. C. Patil, advocate for the Respondent The applicant-acquiring body is seeking condonation of delay of 1444 days which appears to be caused due to obtaining sanctions at various stages. There is no strong objection from the other side. As such, delay of 1444 days stands condoned.

Appeal be placed for admission after removal of offce objections, if any.

Civil Application is disposed of.

{4} CIVIL APPLICATION NO.8455 OF 2019 IN Executive Engineer, Irrigation Project Majbutikaran Division & others Applicants Mr. R. A. Tambe, advocate for the applicants. Mr. L. C. Patil, advocate for the Respondent Since the appellant-acquiring body has deposited entire amount of compensation along with interest, the application is made absolute in terms of prayer clause (B) and disposed of.