The Ex. Engineer, Minor Irrigation Div. Osmanabad Thr G.M.I.D.C, Aurangabad v. Devrao Sakharam Bites And ORS
2025:BHC-AUG:11496
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 920 CIVIL APPLICATION NO. 4257 OF 2025 IN FAST/20433/2022 Dhondiram S/o Pandharinath Waghele ....Applicant
VERSUS
The State of Maharashtra and Anr.
.....Respondents .....
Mr. Patil Laxmikant C, Advocate for Applicant Mr. R. B. Dhaware, AGP for Respondent Nos.1 and 3 - State Mr. M. C. Swani, Advocate for Respondent No.2 .....
AND CIVIL APPLICATION NO. 8571 OF 2023 IN FAST/20433/2022 The Ex. Engineer, Minor Irrigation Div.
Osmanabad Thr G.m.i.d.c., Aurangabad .....Applicant
VERSUS
Dhondiram Pandharinath Waghele And Ors.
.....Respondents ....
Mr. M. C. Swami, Advocate for the Applicant Mr. L. C. Patil, Advocate for Respondent No.1 Mr. R. B. Dhaware, AGP for Respondent Nos.2 and 3 ....
AND CIVIL APPLICATION NO. 8573 OF 2023 IN FAST/20428/2022 The Ex. Engineer, Minor Irrigation Div. Osmanabad Thr G.m.i.d.c, Aurangabad .....Applicant
VERSUS
Devrao Sakharam Bites And Ors.
.....Respondents .....
Mr. Swami Mahesh Chandrashekhar, Advocate for Applicant Mr. R. B. Dhware, AGP for the Respondents - State .....
CORAM
:
NEERAJ P. DHOTE, J.
DATE :
17.04.2025
PER COURT :
[I] ORDER IN CIVIL APPLICATION FOR WITHDRAWAL OF AMOUNT :- 1.
This is an Application fled by the Original Claimant for withdrawal of the amount deposited by the Acquiring Body in this It is submitted by the learned Advocate for the Applicant that, the Acquiring Body has deposited the entire amount under the Award in this Court and similarly placed Claimants are permitted by this Court to withdraw 75% amount on furnishing usual undertaking by order dated 02/03/2023, in group of Civil Applications one of which is Civil Application No.2248/2023. He submits that, similar order be passed in the Application. The Application is opposed by the learned Advocate for Respondent No.2 - Acquiring Body. He submits that, the enhancement granted in those matters was six [6] times and the enhancement granted by the Reference Court in the case in hand is nine [9] times of the compensation awarded by SLAO and, therefore, the Applicants shall be asked to furnish security. He submits that, the Application be rejected.
4.
The learned AGP appears for Respondent Nos.1 and 3 and submits that, appropriate orders be passed in the Application. 5.
There is no dispute that, this Court by the aforesaid order in the aforesaid Civil Applications have permitted the Applicants / Claimants therein to withdraw 75% amount on furnishing usual undertaking. The only controversy is in respect of quantum of enhancement. Hence, I see no impediment to permit the Applicants to withdraw 75% amount deposited by the Acquiring
Body along with accrued interest thereon on furnishing usual undertaking to the satisfaction of the Registrar [Judicial] of this Court. The remaining amount deposited by the Acquiring Body be kept in FDR in any Nationalized Bank on yearly renewal basis till fnal disposal of the Appeal.
6.
Civil Application stands disposed off accordingly. [II] ORDER IN CIVIL APPLICATION NO.8571/2023 : 1.
This is an Application for condonation of 2187 days delay preferred by the Acquiring Body in preferring the First Appeal against the Judgment and Award passed by the learned Reference Heard the learned Advocate for the Applicants, learned Advocate for Respondent No.1 and the learned AGP for the Respondents - State.
It is brought to notice of this Court that, this Court in connected matters by order dated 02/03/2023 passed in group of Applications one of which is Civil Application No.2248/2023, has condoned the delay without any costs. No objection is given by the learned Advocate for the Claimants. For the reasons mentioned in the Application and to maintain the parity, the Application is allowed in terms of Prayer Clause - 'B'. Civil Application stands disposed off accordingly.
[III] ORDER IN CIVIL APPLICATION NO.8573/2023 :- 1.
This is an Application for condonation of 2187 days delay preferred by the Acquiring Body in preferring the First Appeal
against the Judgment and Award passed by the learned Reference Heard the learned Advocate for the Applicants and the learned AGP for the Respondents - State.
None for Respondent No.1 though served.
4.
It is brought to notice of this Court that, this Court in connected matters by order dated 02/03/2023 passed in group of Application one of which is Civil Application No.2248/2023 has condoned the delay without any costs. No objection is given by the learned Advocate for the Claimants. For the reasons mentioned in the Applicantion and to maintain the parity, the Application is allowed in terms of Prayer Clause - 'B'. Civil Application stands disposed off accordingly.
[NEERAJ P. DHOTE, J.] Sameer/April-2025 Signed by: Md. Sameer Q.
Designation: PA To Honourable Judge Date: 22/04/2025 14:23:05