Prakash Kerba Kadam And ANR v. Executive Engineer, Medium Project Division, Osmanabad (Now Under The Mkvdc Ltd, Pune)

2024:BHC-AUG:13941 {1} ca6502-24.doc drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6502 OF 2024 IN FIRST APPEAL NO.201 OF 2019 Prakash Kerba Kadam and Another APPLICANTS

VERSUS

Executive Engineer, Medium Project Division, Osmanabad (Nw under MKVDC Ltd.Pune) & Anr. RESPONDENTS .......

Mr. Estling S. Murge, Advocate for the applicants Mrs. Uma Bhosale, AGP for respondent - State Mr. A.S. Shelke, Advocate for respondent No.1. .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 12 th JULY, 2024 ORDER :

1.

This application is filed by applicants for withdrawal of compensation amount deposited by the acquiring body. 2.

Heard learned advocate for applicants, learned advocate for acquiring body and learned AGP for the State. 3.

Indisputably, claimants, who had preferred applications for withdrawal of amount from the same award, are permitted to withdraw 75% of the amount deposited by the acquiring body, on furnishing undertaking. Copy of order dated 15th July, 2022 passed by this Court in Civil Application No. 10243 of 2022 is

{2} ca6502-24.doc placed on record.

4.

In that view fo the matter and as the applicants - claimants have already withdrawn 50% of the amount of compensation deposited in this Court, applicants - claimants are permitted to withdraw further 25% of the compensation amount along with proportionate interest accrued thereon, on furnishing undertaking.

5.

Remaining amount be invested in fixed deposit to be renewed from time to time, until further orders. 6.

Civil application is disposed of.

[NITIN B. SURYAWANSHI] JUDGE drp/ca6502-24.doc