Masu Biru Phadtale (Died) Thr Lrs Janabai And ORS v. The Ex. Enginner, Irrigation Project Majbutikaran Div. Omerga And ORS

2024:BHC-AUG:29663 920-CA-2288-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2288 OF 2023 IN FAST/37180/2019 Masu Biru Phadtale (Died) Thr Lrs Janabai And Others

VERSUS

The Ex. Enginner, Irrigation Project Majbutikaran Div. Omerga And Others ......

Mr. Laxmikant C. Patil, Advocate for Applicants Mr. A.M. Gaikwad, Advocate for Respondent No.1 Mr. D.J. Patil, AGP for Respondents No.2 and 3 ......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 14th DECEMBER, 2024 ORDER :

1.

Heard.

2.

This application is filed by claimants for withdrawal of compensation amount deposited by the Acquiring Body. 3.

Learned advocate for the applicants pointed out that this Court in connected matters, i.e. CA/5913/2020 in FA/3760/2018, which are arising out of same acquisition, has permitted applicants/claimants to withdraw 50% amount of compensation on furnishing usual undertaking and 25% amount of compensation on furnishing solvent surety/security. S.P. Rane

920-CA-2288-23 4.

Learned advocate for the Acquiring Body confirms the said position.

Hence, application is allowed.

Applicants/claimants are permitted to withdraw 50% of compensation amount along with proportionate interest accrued thereon, on furnishing usual undertaking and 25% compensation amount along with proportionate interest accrued thereon, on furnishing solvent surety/security to the satisfaction of Registrar (Judicial). Balance amount be invested in Fixed Deposit till disposal of the first appeal. [NITIN B. SURYAWANSHI ] JUDGE S.P. Rane