The Ex. Engineer, Osmanabad Medium Project Div. Osmanabad And ORS v. Pandit Pralhad Warale

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 960 CIVIL APPLICATION NO.5644 OF 2023 IN FAST/23338/2020 WITH CA/5645/2023 IN FAST/23350/2020 WITH CA/5646/2023 IN FAST/22572/2020 WITH CA/5647/2023 IN FAST/23342/2020 WITH CA/823/2021 IN FAST/22572/2020 WITH CA/824/2021 IN FAST/22572/2020 WITH CA/821/2021 IN FAST/23338/2020 WITH CA/822/2021 IN FAST/23338/2020 WITH CA/826/2021 IN FAST/23342/2020 WITH CA/828/2021 IN FAST/23342/2020 WITH CA/825/2021 IN FAST/23350/2020 WITH CA/827/2021 IN FAST/23350/2020 SARJERAO GANPATI SAPKAL

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR, OSMANABAD AND OTHERS ...

Mr. Ajjet B. Kale, Advocate for the applicants. Mr. S.S. Dande, A.G.P. for respondent Nos.1 and 2. Mr. Rahul Tambe, Advocate for respondent No.3. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

26th April 2023.

ORDER:- IN CIVIL APPLICATIONS FOR WITHDRAWAL OF AMOUNT : 1.

Heard rival submissions.

2.

The respective applicants are seeking withdrawal of their respective amounts of compensation, which have been deposited by the respondent - Acquiring Body alongwith the interest accrued thereon. It appears that the Acquiring Body in all these matters has deposited only 50% of the compensation amounts.

(2) 3.

The learned counsel for the Acquiring Body though opposed the applications on the ground that the Reference Court has granted exorbitant amount of compensation, but fairly submits that in other matters this court has allowed the applicants therein to withdraw 50% of the amounts of compensation.

4.

In view of the same, present applicants are permitted to withdraw the entire 50% amounts of compensation alongwith the interest accrued thereon till date, on usual undertaking to the satisfaction of the Registrar (Judicial) of this court. 5.

The civil applications are accordingly disposed of. IN CIVIL APPLICATIONS FOR CONDONATION OF DELAY : 1.

The appellant - Acquiring Body in all these applications is seeking condonation of delay of 849 days, which appears to be cause due to obtaining sanctions at various stages. There is no strong objection from other side and therefore the delay of 849 days stands condoned.

2.

The appeals be placed for admission after removal of office objections, if any.

3.

Applications are accordingly disposed of.

(3) IN CIVIL APPLICATIONS FOR STAY :

.

Since the appellant Acquiring Body has deposited the compensation amounts in these matters as directed by this Court, the applications are made absolute in terms of prayer clause (B) and disposed of.

(SANDIPKUMAR C. MORE, J.) vd_dhirde