Dhananjay Dnyanoba Shinde v. The Executive Engineer, Lift Irrigation Div. Obad And ORS

928-ca-11333-2021.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11333 OF 2021 IN FIRST APPEAL NO. 2590 OF 2013 Dhananjay Dnyanoba Shinde ... Applicant

Versus

The Executive Engineer Lift Irrigation Division, Osmanabad and others... Respondents AND CIVIL APPLICATION NO. 11335 OF 2021 IN FIRST APPEAL NO. 2589 OF 2013 Tukaram Dagadu Kadam ... Applicant

Versus

The Executive Engineer Lift Irrigation Division, Osmanabad and others... Respondents ....

Mr. V. R. Dhorde, Advocate for applicants Mr. S. P. Sonpawale, Advocate for respondent No.1 Mr. A. B. Chate, AGP for respondent Nos. 2 and 3 ....

CORAM : R. G. AVACHAT, J.

DATED : 14th OCTOBER, 2021 PER COURT :- .

Heard. Perused the impugned award.

2.

According to learned Counsel for the acquiring body, the Reference Court ought to have granted compensation considering

(( 2 )) 928-ca-11333-2021 the land to be agricultural. It has, however, granted compensation considering it'

s N. A. potential. As such, the appellant has very good case to succeed. He, therefore, opposed for grant of withdrawal. 3.

Only 50% of the amount under the impugned award has been deposited in this Court. The amount deposited in this Court be paid to the applicants along with interest accrued thereon, on furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court.

4.

The civil applications stand disposed of.

[ R. G. AVACHAT, J. ] SMS