Sumanbai Tukaram Mhaske v. The Ex. Engineer, Lower Dudhana Project Div. Sailu And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 56 CIVIL APPLICATION NO.7526 OF 2020 IN FA/165/2017 YAMUNABAI BAJIRAO MHASKE DEAD THR HER LRS DEVIDAS AND ANR

VERSUS

THE EX. ENGINEER, LOWER DUDHANA PRO. DIV. SAILU AND ORS WITH CA/7524/2020 IN FA/269/2017 SUMANBAI TUKARAM MHASKE

VERSUS

THE EX. ENGINEER, LOWER DUDHANA PRO. DIV. SAILU AND ORS ...

Advocate for Applicants : Mr. Koralkar Arun H. Advocate for Respondent No.1 : Mr. P. R. Tandale. AGP for Respondent-State : Mr. S. N. Morampalle. ...

CORAM : V. K. JADHAV, J.

DATE : 23.11.2020 PER COURT :- 1.

Heard both the sides.

2.

Leave to add the appellant Godawari Marathwada Irrigation Development Corporation as a party-respondent to the Civil Applications.

3.

The learned counsel Mr. Tandale waives the notice for the newly added respondent.

4.

It appears that the acquiring body has preferred the appeals, even though the reference court has granted enhancement less than four times of the compensation as awarded by the Special Land Officer. In terms of the Government Resolution dated 3rd November, 2016 with corrigendum dated 23rd February, 2017 and 13th August 2018, on earlier occassion, this Court (Coram : P. R. Bora, J.) has disposed off the appeal filed by the acquiring body. 5.

In view of the same, the applicants-original claimants herein are permitted to withdraw the amount to the extent of 50% of the amount out of the amount deposited before this Court on submitting an undertaking to the satisfaction of the Registrar (Judicial) of this Court and further 25% on furnishing solvent surety to the satisfaction of the Registrar (Judicial) of this Court.

6.

Civil Applications are accordingly disposed off. (V. K. JADHAV, J.) ...

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