Prakash Mahadeo Mule v. The Ex. Engineer, M.I. Zill Parishad Thr G.S.Holkar Sub Div. Water Conservation Officer, Tuljapur

2024:BHC-AUG:27557 (1) 929CA8574.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 929 CIVIL APPLICATION NO. 8574 OF 2024 IN FA/633/2023 PRAKASH MAHADEO MULE ....Applicant

VERSUS

THE EX. ENGINEER, M.I. ZILL PARISHAD THR G.S.HOLKAR SUB DIV. WATER CONSERVATION OFFICER, TULJAPUR .....Respondent Mr. V. V. Ingle, Advocate for the applicant Mr. D. J. Patil, AGP for the respondents/State CORAM : KISHORE C. SANT, J.

DATE : 22nd NOVEMBER, 2024 P. C.

1.

This application is for withdrawal of the amount of compensation deposited in the office of this court. 2.

This court has already allowed the applicants to withdraw 25% of the amount deposited in the office of this court by order dated 21-06-2022 passed in CA/6933/2023. 3.

The application is opposed by the learned AGP for

(2) 929CA8574.24 the acquiring body, firstly; that earlier application was allowed by order dated 21-06-2023 no change in circumstances is pointed out secondly; that the learned SLAO had awarded compensation @ Rs.4050/- per R which is enhanced to Rs.9800/- per R i.e. more than 20 times.

4.

However, considering that the acquisition is of the year 2000. The amount of compensation awarded cannot be said to be exorbitant. Considering the above facts, following order :

ORDER

a] The application is partly allowed.

b] The applicant is permitted to withdraw 25% of the amount deposited in the office of this court alongwith accrued interest on furnishing usual undertaking.

c] With this, the application stands disposed off. [KISHORE C. SANT, J.] VishalK/929CA8574.24