Shivprasad Nandkishore Parikh v. Godavari Marathwada Irrigation Development Corporation Thr Its Exe Engineer Latur And ORS

C.A.No.9105/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO.9105 OF 2015 IN FIRST APPEAL NO.1557 OF 2015 Shivprasad Nandkishore Parikh ..Applicant

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Godavari Marathwada Irrigation Development Corporation through its Executive Engineer, Latur Minor Irrigation Division, Latur and ors.

..Respondents - with - CIVIL APPLICATION NO.9106 OF 2015 IN FIRST APPEAL NO.1558 OF 2015 Kamal Nandkishor Parikh ..Applicant

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Godavari Marathwada Irrigation Development Corporation through its Executive Engineer, Latur Minor Irrigation Division, Latur and ors.

..Respondents Mr M.L. Dharashive, Advocate for applicants Mr S.G. Sangle, Advocate for respondent No.1 CORAM : N.W. SAMBRE, J.

DATE : 5th August 2015 PER COURT Heard.

2.

Learned Counsel for the applicants/claimants submits that they may be permitted to withdraw 100% amount. According to him, the income from the land in question was the only source for earning bread and butter for the claimants.

C.A.No.9105/2015 3.

The applications are opposed by learned Counsel for the respondents, as according to him, there are hardly any considerations for the enhancement granted by the reference Court. 4.

The fact as regards the reference Court has allowed 100% amount of compensation is not in dispute.

5.

In view of above, in my opinion, it will be appropriate to allow the claimants to withdraw 50% of the amount of compensation and balance 25% of the amount upon an undertaking and remaining 25% upon furnishing indemnity to the satisfaction of the Registrar of this Court.

6.

Civil Applications are allowed in above terms. ( N.W. SAMBRE, J.) vvr