Rajendra S/O Asaram Dahatonde v. The M.K.V.D.C., Thr Ex. Engineer, Med. Pro. Osmanabad And ANR
2025:BHC-AUG:17451 23-CA-6617-25.odt {1}
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 23 CIVIL APPLICATION NO. 6617 OF 2025 IN FAST/2523/2021 Rajendra S/o Asaram Dahatonde
VERSUS
The M.K.V..D.C., Through Ex. Engineer, Medium Project. Osmanabad And Another ......
Mr. Shashikant E. Shekade, Advocate for Applicant Mr. A.M. Gaikwad, Advocate for Respondent No.1 Ms. D.S. Jape, AGP for Respondent No.2 ......
CORAM : ABHAY S. WAGHWASE, J.
DATED : 07 JULY, 2025 PER COURT :- 1.
The present application is filed for withdrawal of compensation amount deposited by respondent no.1 / acquiring body.
2.
Mr. Shekade, learned counsel for the applicant/claimant, submits that, by order dated 04.02.2021 passed in CA/1734/2021 in FAST/2677/2021 and connected matters, this Court (Coram: V.L. Achliya, J.) directed the acquiring body to deposit 50% of the amount awarded in the respective appeals. He further submits that the acquiring body had initially deposited approximately 32% amount, which was subsequently withdrawn by the applicant/claimant. Now, the acquiring body has deposited the remaining amount out of the 50%. Therefore, the learned counsel seeks permission to withdraw the same.
23-CA-6617-25.odt {2} 3.
The learned AGP, as well as the learned counsel for the acquiring body, have raised an objection to the withdrawal of the remaining amount on the ground that the applicant/claimant has already withdrawn a portion of the amount earlier.
4.
On perusal of the earlier orders including the order dated 04.02.2021 passed in the matter, it appears that the acquiring body has deposited only 50% of the awarded amount, and the remaining 50% is yet to be deposited. In view of the same, I proceed to pass the following order:
ORDER
(I) The applicant/claimant is permitted to withdraw the remaining amount of compensation deposited in this Court along with the interest accrued thereon, on furnishing usual undertaking to the satisfaction of the Registrar (Judicial). (II) The amount shall be disbursed to the applicant/claimant as per the apportionment mentioned in paragraph 15 of the application.
(II) Civil Application is accordingly disposed of. ABHAY S. WAGHWASE, JUDGE S P Rane