Sarjerao Vitthalrao Bhoite And ORS v. The Executive Engineer, Medium Project Division, Osmanabad Thr Gmidc Aurangabad And ORS

1 28-CA-2833-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 28 CIVIL APPLICATION NO.2833 OF 2022 IN FA/3121/2016 SARJERAO VITTHALRAO BHOITE AND ORS

VERSUS

THE EXECUTIVE ENGINEER, MEDIUM PROJECT DIVISION, OSMANABAD THR GMIDC AURANGABAD AND ORS ...

Advocate for Applicants : Mr D.A. Bide Advocate for Respondent No.1 : Mr S.G. Bhalerao AGP for Respondent Nos. 2 and 3/State : Mr P.M. Kulkarni CORAM : SHRIKANT D. KULKARNI, J.

DATE : 28th February, 2022 PER COURT :

1.

It is an application moved by the applicants/original claimants seeking directions to the Registry to pay interest on the compensation amount for the period from April, 2018 to December, 2020.

2.

Mr Bide, learned counsel for the applicants seeks leave to place on record bunch of medical papers. Mr Bide also seeks leave to place on record copy of order passed by this Court in Civil Application No. 13337/2018 in First Appeal No. 3122/2016 and prays for similar order. Leave granted. 3.

Bunch of medical papers and the copy of order are taken on record and marked as 'X' and 'Y' respectively for identification. He submitted that applicant No. 2 is suffering from heart decease and he is in need of money for medical treatment.

2 28-CA-2833-2022 4.

Heard Mr S.G. Bhalerao, learned counsel for respondent No.1/acquiring body and Mr A.B. Chate, learned AGP for respondent Nos. 2 and 3/State.

5.

Mr Bhalerao, learned counsel for the acquiring body did not raise any specific objection in view of the medical ground put forth in application as well as the order passed in Civil Application No. 13337/2018 in First Appeal No. 3122/2016.

6.

In view of the medical emergency, it is necessary to allow the prayer made by the applicants in order to get medical treatment in time.

ORDER

(i) The application is hereby allowed in terms of prayer clause (B) and (C).

(ii) The Civil Application is accordingly disposed of. ( SHRIKANT D. KULKARNI, J.) mta