Ravi Shivaji Panale v. The Ex. Engineer, Lift Irrigation Division, Osmanabad (Upsa Sinchan Div. Osmanabad And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 909 CIVIL APPLICATION NO.13315 OF 2022 IN FA/2633/2021 RAVI SHIVAJI PANALE

VERSUS

THE EX. ENGINEER, LIFT IRRIGATION DIVISION, OSMANABAD(UPSA SINCHAN DIV. OSMANABAD AND ORS ...

Advocate for Applicant : Mr. Khadap Rahul D AGP for Respondent State: Mr. A. A. Jagatkar Advocate for Respondent No.1 : Mr. B. A. Shinde

CORAM

: SANDIPKUMAR C. MORE, J.

DATE : 21st SEPTEMBER, 2022 ORDER:

1.

Heard rival submissions.

2.

The applicant is claiming withdrawal of amount of Rs.2,22,147/- which has been deposited by the acquiring body. However, the learned counsel for the acquiring body i.e. respondent No.1/appellant strongly opposed the application on the ground that exorbitant compensation has been awarded by the reference Court.

3.

In view of the same and since the acquiring body has deposited the entire amount of award, the applicant is permitted to withdraw only 50% of the amount of award with proportionate interest accrued thereon till date on usual

undertaking to the satisfaction of the Registrar (Judicial) of this Court.

4.

The application is accordingly disposed of.

(SANDIPKUMAR C. MORE, J. ) JPChavan