Bhausaheb Sandipan Sonne And ANR v. The Ex. Engineer, Lift Irrigation Div. Osmanabad And ORS

2024:BHC-AUG:1655 33-CA-9831-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9831 OF 2023 IN FAST/29986/2021 1.

Bhausaheb s/o. Sandipan Sonne, 2.

Raosaheb s/o. Sandipan Sonne Both r/o. Pimpalgaon (K), Tq. Washi, District Osmanabad ..

Applicants

Versus

1.

The Executive Engineer, Lift Irrigation Division, Osmanabad 2.

The State of Maharashtra through Collector, Osmanabad 3.

Special Land Acquisition Officer, Medium Project No.2, Dist. Osmanabad ..

Respondents ...

Advocate for Applicants : Mr. Rahul P. Cheble holding for Mr. Shailendra S. Gangakhedkar Advocate for Respondent No.1/Appellant : Mr. Shyam C. Arora AGP for Respondents No.2 and 3 /State : Mr. R. R. Tandale (Choure) ..

CORAM : S. G. MEHARE, J.

DATE : 19-01-2024 PER COURT :- 1.

Heard the learned counsel for the applicants, the learned counsel for respondent No.1/acquiring body and learned A.G.P. for respondents No.2 and 3.

2.

The applicants are seeking withdrawal of entire amount of compensation deposited by the appellant/acquiring body. 3.

In the similar applications, this Court has allowed the applicants/claimants to withdraw 50% of the amount deposited with accrued interest.

Hence, the order;

33-CA-9831-23.odt i) The application is partly allowed.

ii) The applicants/claimants are permitted to withdraw 50% of the deposited amount of the impugned award alongwith accrued interest till date, on furnishing undertaking to the satisfaction of the learned Registrar (Judicial) of this Court that they will re-deposit the amount, if the impugned judgment and award is reversed.

iii) The application stands disposed of.

( S. G. MEHARE ) JUDGE rrd