Vikas Sopan Dhole v. The G.M.I.D.C., Thr The Ex. Engineer, Minor Irrigation Division, Osmanabad And ANR

7260.20CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.7260 OF 2020 IN FIRST APPEAL [STAMP] NO.15554 OF 2019 VIKAS SOPAN DHOLE

VERSUS

THE GODAVARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION, OSMANABAD & ANOTHER ...

Mr.V.V.Ingale, Advocate for the applicant.

Mr.P.M.Kulkarni, AGP for the respondent - State.

Mr.V.B.Dhage, Advocate h/f. Mr.R.B.Gaikwad, Advocate for the respondent no.1.

...

CORAM : V.L.ACHLIYA,J.

DATE : 15.12.2020 P.C.

1] The applicant has moved this application seeking withdrawal of the amount deposited by the appellant - acquiring body.

2] Heard learned counsel for the applicant-claimant and the advocate representing the respondents.

3] In brief, it is the contention of the learned counsel for the applicant - claimant that the land admeasuring 7 R. of the applicant - claimant was acquired in the

7260.20CA.odt year 1991. The SLAO has awarded the amount @ Rs.180/- per Are [i.e. Rs.7200/- per acre] which has been enhanced by the Reference Court to Rs.1000/- per Are [i.e. Rs.40,000/- per acre]. Being aggrieved, the appellant acquiring body has preferred the Appeal. By the separate order passed, the Civil Application seeking condonation of delay in filing Appeal has been rejected. In consequence of rejection of the application, no proceedings survives. In that view, the applicant - claimant is entitled to receive the amount for compensation deposited by the appellant - acquiring body. Accordingly, the application is allowed. The compensation deposited by the appellant - acquiring body be paid to the applicant - claimant by transferring the amount in his savings account as per the particulars of the Bank to be furnished by the applicants.

4] The Civil Application is disposed of in above terms.

[V.L.ACHLIYA] JUDGE DDC