Shantram Mahadu Patil v. The Executive Engineer And Others
2025:BHC-AUG:17507 1 971-976(i).CA-2424-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO. 6324 OF 2025 IN FAST/5153/2025 MANIK MAHADU PATIL AND ORS
VERSUS
THE EXECUTIVE ENGINEER UPPER TAPI PROJECT HATNOOR JALGAON .....
CIVIL APPLICATION NO. 6327 OF 2025 IN FAST/5132/2025 INDUBAI PRABHAKAR PATIL VS.
THE EXECUTIVE ENGINEER AND OTHERS ...
CIVIL APPLICATION NO. 6322 OF 2025 IN FAST/5135/2025 ASHOK WAMAN PATIL VS.
THE EXECUTIVE ENGINEER AND OTHERS ...
CIVIL APPLICATION NO. 6323 OF 2025 IN FAST/4769/2025 SURESH WAMAN PATIL VS.
THE EXECUTIVE ENGINEER AND OTHERS ...
CIVIL APPLICATION NO. 6326 OF 2025 IN FAST/4776/2025
2 971-976(i).CA-2424-2025.doc SHANTRAM MAHADU PATIL VS.
THE EXECUTIVE ENGINEER AND OTHERS ...
Advocate for Applicants in all Applications : Mr.Madake Datta Ankush Advocate for Respondent No.1 in all Applications : Mr.Ajay D.Pawar Advocate for Respondent No.2 and 3 in all Applications : Mr.B.A.Shinde ...
CORAM : SHAILESH P. BRAHME, J.
DATE : 4th JULY 2025 PER COURT :
.
Acquiring body has filed these appeals and in pursuance of the orders passed earlier, they have deposited amount in this Court. The Respondents/claimants have filed applications for withdrawal of amount except in First Appeal (ST) No.4329 of 2025. 2.
The claimants have pressed into service the contents of the applications for the disbursement of the amount. Those are contested by learned counsel Mr.Pawar. He would submit that the ground of parity on the basis of which the compensation was enhanced by the reference court is misconceived in these matters. No independent evidence was lead by the claimants to claim benefit of parity. It is further contended that the material produced on record by the claimants is vulnerable. The reference court has awarded exorbitant compensation.
3.
I have considered rival submissions of the parties. The quantum of the compensation and the entitlement on the basis of
3 971-976(i).CA-2424-2025.doc parity can be gone into during the course of hearing. Applicants are entitled to receive part of the compensation. Interest of justice would be subserved in permitting them to receive 50% on furnishing undertaking and additional 25% on furnishing solvent surety/ security.
4.
Civil applications are allowed by permitting the applicants/ claimants in each appeal to receive 50% of the amount deposited with accrued interest on furnishing undertaking to the satisfaction of the Registrar(Judicial) of this Court and additional 25% on furnishing solvent surety/security.
[ SHAILESH P. BRAHME, J.] vsj..