The Ex. Engineer U.P.D.V.L.B.C Sangamner Now U.P.D.D. Sangamner Under Gmidc, Aurangabad And ORS v. Madhav Dagadu Khond

2025:BHC-AUG:19064

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 42 CIVIL APPLICATION NO. 1248 OF 2025 IN FA/208/2025 MADHAV DAGADU KHOND

VERSUS

THE EXECUTIVE ENGINEER WITH CIVIL APPLICATION NO. 1251 OF 2025 IN FA/213/2025 WITH CIVIL APPLICATION NO. 1250 OF 2025 IN FA/212/2025 WITH CIVIL APPLICATION NO. 1249 OF 2025 IN FA/211/2025 WITH CIVIL APPLICATION NO. 9840 OF 2024 IN FA/208/2025 WITH CIVIL APPLICATION NO. 9852 OF 2024 IN FA/205/2025 WITH CIVIL APPLICATION NO. 9850 OF 2024 IN FA/204/2025 WITH CIVIL APPLICATION NO. 9844 OF 2024 IN FA/212/2025 WITH CIVIL APPLICATION NO. 9842 OF 2024 IN FA/211/2025 WITH CIVIL APPLICATION NO. 9848 OF 2024 IN FA/207/2025 WITH CIVIL APPLICATION NO. 9838 OF 2024 IN FA/213/2025 WITH CIVIL APPLICATION NO. 9846 OF 2024 IN FA/206/2025 ...

Advocate for Applicants : Mr. Shahaji Karbhari Shinde. Advocate for respective Respondent/s : Mr. B. R. Survase. ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 21.07.2025 PER COURT :- 1.

These applications are filed by the original claimants seeking withdrawal of amount. For the reasons stated in the applications, they are praying for withdrawal of amount which pertains to the compensation of the trees.

2.

Following are the necessary details of the applications and the amount deposited by the acquiring body.

Sr. No.

First Appeal No.

Amount deposited 1.

FA/204/2025 Rs.10,595/- 2.

FA/205/2025 Rs.13,071/- 3.

FA/206/2025 Rs.2,460/- 4.

FA/207/2025 Rs.39,400/- 5.

FA/208/2025 Rs.1,56,510/- 6.

FA/211/2025 Rs.2,62,304/- 7.

FA/212/2025 Rs.3,18,105/- 8.

FA/213/2025 Rs.91,136/- 3.

Learned counsel for the respondent/acquiring body opposes the applications. It is informed that applicants have preferred separate appeals for enhancement of compensation. 4.

Learned counsel for the applicants informs that in appeals at Sr. Nos.1 to 4 of above chart separate applications have not been filed as the amount is very meager. However, on the ground of parity, they are entitled to receive the amount along with accrued interest.

5.

After considering the rival submissions of the parties, I find it fit to permit them to receive 75% of the deposited amount on furnishing undertaking and 25% on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial).

6.

All civil applications for withdrawal of the amount are partly allowed by permitting the applicants to receive 75% of

the amount on furnishing undertaking and 25% on furnishing surety/security to the satisfaction of the Registrar (Judicial) of this Court.

In Civil Applications for Stay 7.

As the amounts have been deposited by the acquiring body, ad-interim relief shall stand confirmed. 8.

Civil Applications for stay are disposed of.

(SHAILESH P. BRAHME, J.) ...

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