Anil Keshavrao Deshpande v. The Executive Engineer Irrigation Project Strengthening Division Omerga Dist Osmanabad

2025:BHC-AUG:22989 1 946 ca 8646.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 8646 OF 2025 IN FIRST APPEAL STAMP NO. 25267 OF 2024 Anil Keshavrao Deshpande .. Applicant

Versus

The Executive Engineer Irrigation Project Strengthening Division Omerga Osmanabad and another .. Respondents Shri Pravin B. Rakhunde, Advocate for the Applicant. Shri Avishkar S. Shelke, Advocate for the Respondent No. 1. Shri D. B. Bhange, A.G.P. for the Respondent No. 2. CORAM : SHAILESH P. BRAHME, J.

DATE : 21ST AUGUST, 2025.

FINAL ORDER :

.

Heard both sides.

2.

Applicant is seeking withdrawal of amount of Rs. 2,08,915/- deposited by the respondent No. 1 - acquiring body. 3.

Mr. Avishkar Shelke, learned counsel for the respondent No. 1 - acquiring body points out that rate has been awarded U/Sec. 28 of the Land Acquisition Act not from the date of award, but from the date of notification and the difference would be of near about five years.

2 946 ca 8646.25 4.

I have considered rival submissions of the parties. I find it fit to disburse 70% of the amount deposited with accrued interest to the applicant.

5.

For the reasons stated in the application, the civil application is partly allowed permitting the applicant to receive 70% of the amount deposited with accrued interest on furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court. Balance amount shall be invested in any nationalized bank. The civil application is disposed of.

[ SHAILESH P. BRAHME J. ] bsb/Aug. 25