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Bombay High CourtCA/9957/2018disposed offdismissed for default

Hirabai Trimbakappa Mahajan (Died) Thr Lrs Pushpabai And ORS v. Executive Engineer, Latur Minor Irrigation Division, Latur Under Gmidc Aurangabad And Others

2018-08-28Hon'Ble Shri Justice Sunil K. Kotwal2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 22 CIVIL APPLICATION NO. 9957 OF 2018 IN FA/2185/2015 HIRABAI TRIMBAKAPPA MAHAJAN (DIED) THR LRS PUSHPABAI AND ORS

VERSUS

EXECUTIVE ENGINEER, LATUR MINOR IRRIGATION DIVISION, LATUR UNDER GMIDC AURANGABAD ...

Advocate for Applicants : Mr. Kale Ajeet B.

Advocate for Respondent No. 1 : Mr.B.R. Surwase AGP for Respondent No. 2: Mr. R.B. Bagul ...

CORAM : SUNIL K.KOTWAL, J.

DATE : AUGUST 28, 2018 O R D E R :

Heard Mr. Kale, the learned counsel for the applicants, who submits that in another group of land acquisition references, the Acquiring Body has deposited the amount of compensation in Reference Court and almost all claimants were allowed to withdraw the amount of compensation, that too 100% without any condition. The learned counsel appearing for the Acquiring Body submits that the officer of the Acquiring Body has deposited the amount in the Reference Court inspite of the directions of this Court to deposit such amount in this Court.

ca9957.18 2.

Anyhow, the amount of compensation is deposited with the Reference Court. The applicant can be permitted to withdraw the same on certain conditions.

3.

The applicants are permitted to withdraw the amount of compensation deposited before the Reference Court along with interest accrued thereon on furnishing undertaking that in the event the appeals are allowed, they shall re-deposit the said amount within a period of 12 weeks from the date of order.

4.

Civil application is accordingly disposed of. [SUNIL K.KOTWAL, J.] mahajansb/