Sambhaji Tumdu Patil And ANR v. The Executive Engineer Hatnoor Project Chopada And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 924 CIVIL APPLICATION NO.8325 OF 2023 IN FA/478/2023 RAMCHANDRA @ VIKRAM LOTAN PATIL (DIED) THROUGH LRS DEVKABAI W/O RAMCHANDRA PATIL AND OTHERS

VERSUS

THE EXECUTIVE ENGINEER, HATNOOR PROJECT, CHOPDA AND ORS ...

Mr. H.P. Kshirsagar, Advocate for applicants Mr. S.B. Kadu, Advocate for respondent No.1 Mr. A.M. Phule, AGP for respondent Nos.2 and 3 ...

CORAM : SMT. VIBHA KANKANWADI & ABHAY S. WAGHWASE, JJ.

DATE:

01st NOVEMBER, 2023 ORDER :

Heard both sides. The applicants are the original claimants and legal representatives of the original claimant, who seek withdrawal of the entire amount that has been deposited. The said amount has been deposited in view of the order passed by this Court on 23.12.2022 that 75% of the amount of the Award should be deposited. Though the learned Advocate for the acquiring body submits that the acquiring body has objection for the

CA_8325_2023 withdrawal of the amount, he also submits that the interest of the acquiring body be protected. Under the said circumstance, we allow 75% of the deposited amount together with the interest, if any, to be withdrawn by the claimants equally i.e. to the extent of share of their original claim and not that of the each representative. Application stands disposed of. ( ABHAY S. WAGHWASE, J. ) ( SMT. VIBHA KANKANWADI, J. ) agd