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Bombay High CourtCA/12418/2023admittedallowedgrantedrule absolute

Bhaskar Acchyut Jalan And ANR v. Exe. Engineer, Lift Irrigation Div., Osmanabad And ANR

2023-11-04Hon'Ble Shri Justice Kishore C. Sant2 pages

( 1 ) ca12418.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 909 CIVIL APPLICATION NO.12418 OF 2023 IN FAST/20032/2019 BHASKAR ACCHYUT JALAN AND ANR

VERSUS

EXE. ENGINEER, LIFT IRRIGATION DIV., OSMANABAD AND ANR 11 CIVIL APPLICATION NO.12416 OF 2023 IN FAST/20519/2019 WITH CA/12417/2023 IN FAST/20514/2019 PRALHAD DATTATRAYA DESHPANDE (DIED) THR. LRS PRATIBHAAND ORS

VERSUS

EXE. ENGINEER, LIFT IRRIGATION DIV., OSMANABAD AND ANR Mr.Sanjay A. Wakure, Advocate for the applicants. Mr.R.C. Patil, Advocate for respondent No.1.

Mr.S.S. Dande, AGP for the respondent/State.

CORAM

:

KISHORE C. SANT, J.

DATED :

04.11.2023 PC :- 01.

Heard learned Advocates for the parties.

02.

These applications are filed for withdrawal of amount of compensation deposited by the acquiring body-appellant in this Court. It is submitted that the dispute is only in respect of as to from which date the interest is to be calculated and no other points are involved. The learned Advocate for the appellant fairly accepts that the only question involved is interest under section 23-A of the Land Acquisition Act.

( 2 ) ca12418.23 03.

As the amounts of compensation are in the range of Rs.3 to 4 lakhs, this Court finds that the applications can be allowed by allowing the claimants/applicants to withdraw 100% amount along with interest, if any, accrued thereon, on giving usual undertaking. 04.

The civil applications stand disposed off.

[KISHORE C. SANT, J.] snk/2023/NOV23/ca12418.23