Yadav Madhav Jadhav v. The Ex. Engineer, Irrigation Project Majbutikaran Div. Omerga And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12388 OF 2022 IN FIRST APPEAL STAMP NO. 24498 OF 2020 YADAV MADHAV JADHAV

VERSUS

THE EX. ENGINEER, IRRIGATION PROJECT MAJBUTKARAN DIVISIONA OMERGA AND ANOTHER WITH CIVIL APPLICATION NO. 12389 OF 2022 IN FIRST APPEAL STAMP NO. 2501 OF 2020 KESHAV MADHAV JADHAV

VERSUS

THE EXE. ENGINEER, IRRIGATION PROJECT MAJBUTIKARAN DIV. OMERGA AND ANOTHER ....

Advocate for the applicants : Mr. G. B. Rajale Advocate for respondent No.1 : Mr. G. B. Rajale AGP for Respondent Nos. 2 and 3 : Mr. A. B. Chate ....

CORAM : S. G. DIGE, J.

DATE : 29.08.2022 PER COURT :- Learned counsel Mr. G. B. Rajale submits that, he his appearing on behalf of acquiring body, hence his name be taken as counsel for appellants.

2.

Heard learned counsel for the applicants.

3.

Learned counsel for the applicants submits that,

respondent No.1 has deposited 75% amount out of entire award amount before this Court. Applicants are poor agriculturists. They have no source of income. Their lands are acquired in the year 2003. Since then they have not received any compensation. Hence requested that the application be allowed.

4.

Learned counsel for respondent No.1 submits that, the Reference Court has granted exorbitant amount as compensation to the applicants, which is disputed by respondent No.1 by preferring this appeal. If the applicants are permitted to withdraw the amount and respondent No.1 succeed in the appeal, it would be difcult for respondent No.1 to recover the said amount. Hence requested to dismiss the application.

5.

I have heard all learned counsel. Admittedly, lands of applicants are acquired by respondent No.1 in the year 2003. Since then applicants have not received any amount of compensation. Hence I pass the following order.

ORDER

(1) The application is allowed.

(2) Applicants are permitted to withdraw 50% amount along

with accrued interest thereon out of deposited amount on furnishing undertaking. Applicants are permitted to withdraw remaining 25% amount along with accrued interest thereon on furnishing solvent surety/ security.

( S.G. DIGE,) JUDGE ysk