Kavita Advaiyat Ghalke v. The Executive Engineer, Minor Irrigation Division, Sinchan Bhavan,Osmanabad And Others

{1} CA 1391 OF 2021 & ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 974 CIVIL APPLICATION NO.1391 OF 2021 IN FA/218/2020 ADVAIT BHAGWAN GHALKE

VERSUS

THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, SINCHAN BHAVAN,OSMANABAD AND OTHERS ...

WITH CA/1392/2021 IN FA/219/2020 ...

Advocate for Applicants : Shri Laxmikant C. Patil Advocate for Respondent No.1 : Shri Ram B. Deshpande AGP for Respondents-State : Shri P.M.Kulkarni ...

CORAM : M.G.SEWLIKAR, J.

DATE: 17th February, 2021 PER COURT:- 1.

Heard.

2.

Shri L.C.Patil, learned counsel for the applicants states that Special Land Acquisition Ofcer awarded Rs.605/- per Are whereas the Reference Court awarded the compensation @ Rs.6,500/- per Are.

3.

Shri Ram B.Deshpande, learned counsel for respondent No.1 states that the land is partially irrigated and not totally irrigated. On a query, he could not point out that un-irrigated land was acquired. Therefore, Shri Patil, learned counsel for the

{2} CA 1391 OF 2021 & ANR applicants submitted that entire land is irrigated land. He further submitted that in other matters arising out of the same project, this Court allowed withdrawal of 75% of the amount deposited. He has tendered the order to that efect across the Bar. 4.

In view of this, the applicants are allowed to withdraw 75% of the amount deposited in this Court on the following terms: a) 50% amount be paid on furnishing undertaking on usual terms.

b) 25% amount be paid on furnishing solvent surety. ( M.G.SEWLIKAR ) JUDGE SPT