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Bombay High CourtCA/1013/2022admittedallowedgrantedrule absolute

M.K.V.D.C., Ltd Thr Ex. Engineer, Irrigation Project Strengthening Div. Omerga v. Sadanand Haribhau Mane And ORS

2025-09-12Hon'Ble Shri Justice Abhay S. Waghwase3 pages

2025:BHC-AUG:24639 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 934 CIVIL APPLICATION NO. 9890 OF 2025 IN FA/1180/2022 SADANAND S/O HARIBHAU MANE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS WITH CIVIL APPLICATION NO. 1013 OF 2022 IN FA/1180/2022 MKVD CORPORATION LIMITED

VERSUS

SADANAND S/O HARIBHAU MANE AND OTHERS WITH CIVIL APPLICATION NO. 9895 OF 2025 IN FA/1181/2022 VIKAS S/O SHIVAJI KORALE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS WITH CIVIL APPLICATION NO. 1015 OF 2022 IN FA/1181/2022 MKVD CORPORATION LIMITED

VERSUS

VIKAS S/O SHIVAJI KORALE AND OTHERS ...

Advocate for Applicants in CA/9890/2025 and CA/9895/2025 (original claimants) : Mr. Patil Laxmikant C. Advocate for Applicant in CA/1013/2022 and CA/1015/2022 (acquiring body) : Mr. A. S. Shelke AGP for Respondent-State : Mrs. A. S. Mantri ...

CORAM :

ABHAY S. WAGHWASE, J.

DATED :

12 SEPTEMBER 2025

-2PER COURT :- CIVIL APPLICATION NO. 1013 OF 2022 IN FA/1180/2022 (for stay) AND CIVIL APPLICATION NO. 1015 OF 2022 IN FA/1181/2022 (for stay) 1.

Learned counsel for the applicant acquiring body submits that there is compliance of the order dated 19.04.2022 and 75% of the amount of compensation under award with accrued interest thereon has been deposited in this Court as directed vide the said order. 2.

In view of the above submission, both the applications are allowed in terms of respective prayer clause "B" and disposed off accordingly.

CIVIL APPLICATION NO. 9890 OF 2025 IN FA/1180/2022 (For withdrawal of amount) AND CIVIL APPLICATION NO. 9895 OF 2025 IN FA/1181/2022 (For withdrawal of amount) 3.

These applications are for withdrawal of amount. Learned counsel for the applicants-claimants submits that, this Court has already passed an order in similar matters dated 17.10.2024 arising out of same acquisition proceedings in Civil Application No. 11145 of 2024 in First Appeal No. 1088 of 2022. Learned counsel for the applicants-claimants has also produced an order dated 02.12.2024 passed in similar matters i.e. Civil Application No. 12701 of 2024 in First Appeal No. 1087 of 2022 along with connected matters. 4.

In view of the above, following order is passed :

-3ORDER I.

The applicants are permitted to withdraw the entire 75% amount deposited by the acquiring body in the office of this Court along with accrued interest on furnishing usual undertaking. II.

The Civil Applications stand disposed off accordingly. [ABHAY S. WAGHWASE, J.] vre