Ganpati S/O Shekba Naiknaware And ORS v. The Executive Engineer And ORS

2024:BHC-AUG:25963 78 ca.10876.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

78 CIVIL APPLICATION NO. 10876 OF 2024 IN FA/2107/2023 GANPATI S/O SHEKBA NAIKNAWARE AND ORS

VERSUS

THE EXECUTIVE ENGINEER AND ORS ...

Advocate for Applicant : Mr. Sanjay A. Wakure. Advocate for Respondent No.1 : Ms. Sunita D. Shelke. ...

CORAM :

KISHORE C. SANT, J.

DATE :

17th October, 2024.

P.C.:

.

Heard the learned counsels for the parties for some time. This application is for withdrawal of the amount deposited by the appellant/acquiring body in this Court. The learned counsel for the acquiring body opposes the application stating that the amount is enhanced by eight times. The learned SLAO had awarded the compensation @ Rs.250/- per R, whereas the Reference Court enhanced it to Rs.2000/- per R. She, therefore, prays for rejection of the application.

Considering the submissions, the following order is passed:-

O R D E R

I.

The applicants are permitted to withdraw 50% of the amount alongwith accrued interest deposited in this

78 ca.10876.24.odt Court on furnishing usual undertaking. Further 25% of the amount with accrued interest is allowed to be withdrawn on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this Court. The remaining amount be kept in fixed deposit in any nationalized bank till disposal of the appeal. II.

With this, the civil application for withdrawal of amount stands disposed of.

[ KISHORE C. SANT, J. ] nga