Kondiram Maruti Karpe (Died) Thr Lrs Haribai And ORS v. The Exe. Engineer, Minor Irrigation Div., Beed (G.M.I.D.C. Aurangabad) And ORS

919-CA-8136-2023

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 919 CIVIL APPLICATION NO. 8136 OF 2023 IN FIRST APPEAL NO. 2161 OF 2022 KONDIRAM MARUTI KARPE (DIED) THR LRS HARIBAI AND OTHERS

VERSUS

THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION BEED (G.M.I.D.C. AURANGABAD) AND OTHERS ...

Mr. R.D. Bhise - Advocate for Applicants Mr. S.N. Kendre - AGP for Respondent Nos.2 and 3 Mr. B.R. Survase - Advocate for Respondent No.1 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 6th July, 2023 PER COURT :

1.

Heard rival submissions.

2.

The applicants are seeking withdrawal of their amount of compensation, which has been deposited by the acquiring body alongwith the interest accrued thereon.

3.

The learned Counsel for the respondent - acquiring body strongly opposed the application on the ground that, enhancement is nearly about eight times as that of S.L.A.O. Pooja K.

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919-CA-8136-2023 4.

In view of the same, present applicants are permitted to withdraw 75% of the deposited compensation amount i.e. 50% on usual undertaking and 25% on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court.

5.

The remaining amount be kept in F.D.R. in any nationalized bank on yearly renewal basis till final disposal of this appeal.

6.

The civil application is accordingly disposed of. [ SANDIPKUMAR C. MORE ] JUDGE Pooja K.

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