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Bombay High CourtCA/12513/2022rejected at admission stage

Satyabhamabi Vishnu Dhanwate (Died) Thr Lrs Balraj Pundlik Dhanawate v. The Ex. Engineer, Nandur Madhmeshwar Canal Div. Vaijapur And ANR

2022-10-12Hon'Ble Shri Justice Sandipkumar C. More2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 924 CIVIL APPLICATION NO.12513 OF 2022 IN FAST/17701/2019 SATYABHAMABI VISHNU DHANWATE (DIED) THR LRS BALRAJ PUNDLIK DHANAWATE

VERSUS

THE EX. ENGINEER, NANDUR MADHMESHWAR CANAL DIV. VAIJAPUR AND ANOTHER ...

Advocate for Applicant : Mr. Shaikh Mujtaba Gulam Mustafa AGP for Respondent/s - State : Mr. P. M. Kulkarni Advocate for Respondent No.1 : Mr. Rutuaj C. Patil ...

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 12.10.2022 PER COURT :

Heard rival submissions.

2.

The applicants / claimants are seeking withdrawal of balance 70% compensation amount. It is not in dispute that 30% of the entire compensation has already been withdrawn by the applicants in the past as per the order dated 03.07.2020.

3.

The learned counsel for Acquiring Body as well as learned AGP pointed out that the Reference Court has granted exorbitant compensation which is almost 16 to 17 times as that of granted by the

S.L.A.O. In view of the same, the 30% amount which has been withdrawn by the applicants appears sufficient and to safeguard the interest of appellant -Acquiring Body the remaining amount needs to be retained.

4.

As such, the application stands rejected and disposed of. (SANDIPKUMAR C. MORE) JUDGE .....

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