Ramchandra Tulsiram Akat v. The Executive Engineer, Lower Dudhana Project, Selu, Now Exe Engineer Jalna And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9355 OF 2016 IN FA/715/2016 ANANT BALIRAM AKAT EXE ENGINEER JALNA AND AND CIVIL APPLICATION NO. 9366 OF 2016 IN FAST/33612/2015 BHAGWAN UTTAMRAO AKAT AND ANOTHER EXE ENGINEER JALNA AND ANR CIVIL APPLICATION NO. 9370 OF 2016 IN FA/713/2016 RAMCHANDRA TULSIRAM AKAT EXE ENGINEER JALNA AND ANR.

CIVIL APPLICATION NO. 9376 OF 2016 IN FA/717/2016 KESHAV SHAMRAO AKAT EXE ENGINEER JALNA AND ANR CIVIL APPLICATION NO. 9377 OF 2016 IN FA/722/2016 RAJKUMAR MAHADEV AKAT EXE ENGINEER JALNA AND ANR

CIVIL APPLICATION NO. 9378 OF 2016 IN FA/719/2016 ANKUSH AKAT DIED THR HIS LS ANNAPURNA ANKUSHRAO AKAT EXE ENGINEER JALNA AND ANR CIVIL APPLICATION NO. 9379 OF 2016 IN FA/718/2016 MUNJA GOPALA AKAT EXE ENGINEER JALNA AND ANR CIVIL APPLICATION NO. 9383 OF 2016 IN FA/720/2016 SUKHDEV AKAT DIED THR HIS RS BABASAHEB AND ANOTHER EXE ENGINEER JALNA AND ORS.

CIVIL APPLICATION NO.9384 OF 2016 IN FA/714/2016 SHANKARRAO MADHAVRAO KAVADE EXE ENGINEER JALNA AND ORS.

CIVIL APPLICATION NO.9385 OF 2016 IN FA/716/2016 MANIK SHRIPATI AKAT EXE ENGINEER JALNA AND ORS.

CIVIL APPLICATION NO.9386 OF 2016 IN FAST 33618/2016

PRALHAD MUNJAJI AKAT AND ANR.

EXE ENGINEER JALNA AND ORS.

CIVIL APPLICATION NO.9387 OF 2016 IN FA/721/2016 VITTHAL MALIBA AKAT AND ANR.

EXE ENGINEER JALNA AND ORS.

CIVIL APPLICATION NO.9388 OF 2016 IN FA/712/2016 BABASAHEB MANJIT AKAT EXE ENGINEER JALNA AND ORS.

CIVIL APPLICATION NO.9391 OF 2016 IN FA/710/2016 MADHUKAR RAJABHAU AKAT VERUS EXE ENGINEER JALNA AND ORS.

Mr D.M. Kakade, Advocate for applicants Mr R.C. Patil, Advocate for respondent No.1 Mr K.N. Lokhande, Mr S.M. Morampalle, Mr A.M. Phule, A.G.P.s for respondent No.2-State CORAM : V.K. JADHAV, J.

DATE : 1st July 2016

PER COURT Heard both the sides.

2.

Considering the challenge raised to the impugned judgment and award passed by the reference Court, I am inclined to allow the applicants to withdraw certain amount of compensation deposited before this Court.

3.

The appellant - acquiring body has already deposited 50% of the awarded amount before the reference Court and the original claimants have withdrawn the said amount before the reference Court.

4.

At present remaining 50% amount is deposited before this Court. Out of the said amount, the applicants are allowed to withdraw the amount to the extent of 50% (i.e. 25%), on furnishing undertaking to the satisfaction of Registrar (Judicial) of this Court and the remaining amount shall be kept in any nationalised Bank. 5.

Civil Applications are accordingly disposed of. ( V.K. JADHAV, J.) vvr