Ambadas Shamrao Patil v. The Executive Engineer Hatnur Project Chopada Jalgaon And ANR

(1) 924-ca-6876-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.6876 OF 2023 IN FAST/20960/2022 AMBADAS SHAMRAO PATIL

VERSUS

THE EXECUTIVE ENGINEER HATNUR PROJECT CHOPADA JALGAON AND ANR ...

Mr. Ajeet B. Kale, Advocate for the Applicant. Mrs. P. V. Diggikar, AGP for Respondents-State. Mr. S. V. Mundhe, Advocate for Respondent No.1. ...

CORAM : S. G. CHAPALGAONKAR, J.

DATE : 14th JULY, 2023.

PER COURT:- 1.

By this application, the applicant is seeking withdrawal of the compensation amount deposited by the appellant/acquiring body.

2.

The acquiring body has deposited 75% of the compensation amount as per directions given on application for stay. It appears that, this Court in similar matters arising out of the same award permitted withdrawal of 50% of the compensation amount. Since, in the present case, the acquiring body has deposited 75% of the compensation amount, the applicant can be permitted to withdraw 2/3rd of the amount alongwith accrued interest deposited by the acquiring body subject to furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court. The rest of the 1/3rd amount be kept in Fixed Deposit in the Nationalized Bank with renewal clause.

(2) 924-ca-6876-2023 3.

Civil Application is disposed of.

(S. G. CHAPALGAONKAR) JUDGE Devendra/July-2023