Maruti Gangaram Ingale Died Thr Lrs Kashinath Maruti Ingale And ORS v. The Executive Engineer Lift Irrigation Division Osmanabad And Others

(1) 925ca8099.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.8099 OF 2023 IN FIRST APPEAL NO.164/2016 MARUTI GANGARAM INGALE (DIED) LRS. KAKSHINATH MARUTI INGALE AND OTHERS VS THE EXE. ENGINEER, LIFT IRRIGATION DIV. OSMANABAD UNDER GMIDC AURANGABAD AND OTHERS Mr. V. V. Ingale. Advocate for the applicant Mr. B. A. Shinde, Advocate for respondent No.1 Mr. S. B. Pulkundwar, AGP for the respondents/State CORAM : KISHORE C. SANT, J.

DATE: 25th AUGUST, 2023 P. C.

1.

This application is moved for withdrawal of amount deposited by respondent No.1-Acquiring Body in this court towards the award passed by the learned trial court. It is stated that all the applicants except applicant No.1-C have executed Waiver Deed in favour of applicant No.1-C and they have no objection for applicant No.1-C to receive the entire amount of compensation. Copy of the same is taken on record. The applicants produced on record a copy of the order dated 20-072023 passed by this court in group of applications. In the said

(2) 925ca8099.23 order, the applicants therein are permitted to withdraw 70% of the amount of deposited compensation. Remaining amount is directed to be deposited in fix deposit in any Nationalized bank on yearly renewal basis till final disposal of the appeals. 2.

This court finds that similar order can be passed in this application also. The application is, thus, allowed. 3.

The applicant No.1-C shall be entitled to withdraw the amount of 70% of the total amount of compensation deposited by respondent No.1 in this court on giving undertaking to the satisfaction of the learned Registrar (Judicial) of this court.

[KISHORE C. SANT, J.] VishalK/925ca8099.23