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Bombay High CourtCA/6723/2020disposed off

Dinkar Limbraj Patil v. The Ex. Engineer, Latur Minor Irrigation Division, Latur And ORS

2020-10-23Hon'Ble Shri Justice V.K. Jadhav2 pages

25-CA-6723-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 25 CIVIL APPLICATION NO. 6723 OF 2020 IN FA/2913/2019 DINKAR S/O LIMBRAJ PATIL

VERSUS

THE EXECUTIVE ENGINEER AND OTHERS ......

Advocate for Applicant : Mr. More P. P.

Advocate for Respondent No.1 : Mr. S. G. Karlekar AGP for Respondent Nos. 2 & 3-State : Mr. P. G. Borade .....

CORAM : V. K. JADHAV, J.

DATED : 23TH OCTOBER, 2020 PER COURT :- 1.

Heard both sides.

2.

It appears that the Special Land Acquisition Officer has awarded compensation at the rate of Rs.6,000/- per Are. in the year 2011, whereas the reference court has enhanced the compensation in the year 2018 at the rate of Rs.18,300/- per Are. Thus, considering the entire aspect of the case, I am inclined to permit the applicant to withdraw the amount to the extent of 75% out of the amount of compensation deposited before this Court on certain conditions. Hence, the following order :

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25-CA-6723-2020.odt

ORDER

I.

The application is hereby partly allowed.

II.

Out of the compensation amount deposited before this Court, the applicant/original claimant is permitted to withdraw 50% amount on furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court and 25% amount on furnishing solvent surety or bank guarantee of any scheduled bank to the satisfaction of the Registrar (Judicial) of this Court.

III. The application is accordingly disposed off. ( V. K. JADHAV, J. ) ...

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