Ram Ambaji Rathod (Died) Thr Lrs. Mangal Ram Rathod And Others v. Ex. Engineer, Osmanabad Minor Irrigation Div. Under Gmidc, Aurangabad And ORS

{1} CIVIL APPLICATION NO. 13613 OF 2022 IN Applicant Minor Irrigation Division, GMIDC, CIVIL APPLICATION NO. 13614 OF 2022 IN Ram S/O Ambaji Rathod (died) Applicants Minor Irrigation Division, GMIDC, CIVIL APPLICATION NO. 13615 OF 2022 IN Ambaji s/o Rehu Rathod (died), Applicants Minor Irrigation Division, GMIDC, Mr. R. D. Biradar, advocate for the Applicant Mr. B. R. Surwase, advocate for Respondent No.1. Mr. P. N. Kutti, AGP for Respondents No.2 & 3.

{2} Heard learned Counsel for respective parties. The acquiring body, who has fled the main appeals, has deposited 75% amount of the respective impugned awards in all these matters.

The learned Counsel for the acquiring body submits that the Reference Court has awarded eight times compensation than the compensation awarded by the learned SLAO. In view of the same, following order is passed: (i) The respective applicants are permitted to withdraw 50% amount along with accrued interest thereon out of the 75% deposited amount by the acquiring body on furnishing usual undertaking before the learned Registrar (J) of this Court. (ii) The applicants are also permitted to withdraw further 25% amount along with accrued interest thereon by furnishing solvent surety/security.

(iii) All the Civil Applications are accordingly disposed of.

{3} CIVIL APPLICATION NO. 8364 OF 2021 IN Minor Irrigation Division, under GMIDC, Applicants Respondent CIVIL APPLICATION NO. 8366 OF 2021 IN Minor Irrigation Division, under GMIDC, Applicants Ram s/o Ambaji Rathod Respondent CIVIL APPLICATION NO. 8362 OF 2021 IN Minor Irrigation Division, under GMIDC, Applicants Ambaji Renu Rathod (died), Mr. B. R. Surwase, advocate for the Applicants-acquiring body. Mr. P. N. Kutti, AGP for the State.

Mr. R. D. Biradar, advocate for the Respondents-claimants.

{4} The acquiring body has already deposited 75% amount of the impugned awards as per order dated 20th August, ,2021. As such, all these applications are made absolute in terms of prayer clause "B" and are accordingly disposed of.

{5} Minor Irrigation Division, under GMIDC, Appellants Respondent Minor Irrigation Division, under GMIDC, Appellants Ram s/o Ambaji Rathod Respondent Minor Irrigation Division, under GMIDC, Appellants Ambaji Renu Rathod (died), Mr. B. R. Surwase, advocate for the Applicants-acquiring body. Mr. P. N. Kutti, AGP for Respondent-State.

Mr. R. D. Biradar, advocate for the Respondents-claimants.

{6} Heard.

Admit.

Learned Counsel for the respective respondentsclaimants waives service.