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Bombay High CourtCA/11068/2016disposed offdismissed for default

Jijabai Narayan Dolare v. The Executive Engineer, C.C.C.M. Division Osmanabad And ORS

2017-06-30Hon'Ble Shri Justice V.K. Jadhav1 pages

9 ca11068.16 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 9 CIVIL APPLICATION NO. 11068 OF 2016 IN FA/2335/2013 JIJABAI NARAYAN DOLARE

VERSUS

THE EXECUTIVE ENGINEER, C.C.C.M. DIVISION OSMANABAD AND ORS ...

Advocate for Applicant : Mr. Shaikh Shoyab Advocate for respondent No.1: Mr. D.P. Deshpande AGP for Respondent No.2: Mr. P.G. Borade .....

CORAM : V. K. JADHAV, J.

DATED : 30th JUNE, 2017 PER COURT:- 1.

Learned counsel for the respondent acquiring body submits that the S.L.A.O. awarded the compensation at the rate of Rs.225/- per R whereas the reference court, by relying upon small area of the land, enhanced the compensation at the rate of Rs.3350/- per R. Learned counsel for the applicant submits that the reference court after considering the evidence on record awarded just and reasonable compensation.

2.

In view of above submissions and considering the challenge made to the judgment and award passed by the Reference Court, the applicant herein is permitted to withdraw 50% amount deposited in this Court on furnishing undertaking to the satisfaction of Registrar (Judicial) of this Court. Civil application is disposed of. ( V. K. JADHAV, J.) rlj/