Shrirang Bandu Mule Died Thr Lrs Arun Shrirang Mule And ORS v. The Executive Engineer Medium Project Division Osmanabad And ORS

2024:BHC-AUG:25529 {1} ca10633-23.doc drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10633 OF 2023 IN FIRST APPEAL NO.3138 OF 2017 Shrirang Bandu Mule (Died) LRs & Others APPLICANTS

VERSUS

The Executive Engineer, MID, Osmanabad & Ors RESPONDENTS .......

Mr. R. M. Thorbole, Advocate for the applicants Mr. D. J. Patil, AGP for respondent - State .......

AND CIVIL APPLICATION NO. 10635 OF 2023 IN FIRST APPEAL NO.3140 OF 2017 Sudam Yeshwara Bhoite (Died) LRs & Others APPLICANTS

VERSUS

The Executive Engineer, MID, Osmanabad & Ors RESPONDENTS .......

Mr. R. M. Thorbole, Advocate for the applicants Mr. D. J. Patil, AGP for respondent - State .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 18 th OCTOBER, 2024 ORDER :

1.

These applications are filed for withdrawal of compensation amount deposited by respondent No.1 - acquiring body. 2.

Though served, none appears for respondent No.1. Heard

{2} ca10633-23.doc learned advocate for the applicants and learned AGP. 3.

Learned advocate for the applicants has placed reliance on the order dated 19th October, 2018 passed by this Court in Civil Application No. 13002 of 2018 in First Appeal No. 3128 of 2017, which according to him are the connected matters, arising out of the same acquisition process.

4.

For the reasons stated in the applications and in view of the order dated 19th October, 2018, the applications are allowed. Applicants are permitted to withdraw 50% of the amount of compensation along with proportionate accrued interest on furnishing usual undertaking to the satisfaction of the Registrar (Judicial) and remaining 50% along with proportionate accrued interest, on furnishing solvent surety / security to the satisfaction of the Registrar (Judicial).

[NITIN B. SURYAWANSHI] JUDGE drp/ca10633-23.doc