Nivrutti Ganpati Mitakari (Died) Thr Lrs Indubai And ORS v. The Ex. Engineer, Minor Irrigation Department Osmanabad And ANR

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 20 CIVIL APPLICATION NO.13034 OF 2019 IN FAST/8239/2019 NIVRUTTI GANPATI MITAKARI (DIED) THR LRS INDUBAI AND ORS

VERSUS

THE EX. ENGINEER, MINOR IRRIGATION DEPARTMENT OSMANABAD AND ANR ...

Advocate for Applicants : More P. P.

Adv. Kutti Choudhary Chaitali R. For R/1 ...

WITH CA/13035/2019 IN FAST/8717/2019 WITH CA/13036/2019 IN FAST/8728/2019 ...

CORAM : MANGESH S. PATIL, J.

DATE : 10.12.2019 P.C. :- Heard both the sides.

2] The original claimants are seeking withdrawal of the amount of compensation deposited by the acquiring body in this Court. 3] The learned advocate for the acquiring body opposes the application. She submits that the Land Acquisition Officer has assessed compensation at the rate of Rs.18,000/- per Hectare which has been enhanced by the Reference Court to Rs.87,500/- per Hectare. The difference being exorbitant not more than 50% amount be allowed to be withdrawn. 4] Having considered the reasons assigned by the Reference Court and the fact that it had relied upon a sale instance (Exh.27) which is prior to the

( 2 ) issuance of the notification under Section 4, it would be just and proper to allow applicants claimants to withdraw 75% of the amount of compensation. 5] The applicants-claimants are allowed to withdraw 50% of the amount of compensation by furnishing usual undertaking and 25% by furnishing solvent security.

6] The applications are disposed of.

[MANGESH S. PATIL, J.] umg/