Bappasaheb Vaijinath Andhale v. The Ex. Engineer, Irrigation Div. Beed And ANR
1 27 to 35 ca 2750-23+
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 27 CIVIL APPLICATION NO.2750 OF 2023 IN FA/1283/2021 WITH CA/7175/2021 IN FA/1283/2021 BHUJANG NARHARI ANDHALE AND ANR 28 CIVIL APPLICATION NO.2751 OF 2023 IN FA/1281/2021 WITH CA/7171/2021 IN FA/1281/2021 BHAGWAT SHESHRAO ANDHALE AND ORS AGP for Respondent No.2: Mr. S. S. Dande 29 CIVIL APPLICATION NO.2752 OF 2023 IN FA/1287/2021 WITH CA/7078/2021 IN FA/1287/2021 BAPPASAHEB VAIINATH ANDHALE AGP for Respondent No.2: Mr. S. N. Kendre 30 CIVIL APPLICATION NO.2753 OF 2023 IN FA/1289/2021 WITH CA/7082/2021 IN FA/1289/2021 BABASAHEB NAVNATH ANDHALE AND ORS
2 27 to 35 ca 2750-23+ ....
Advocate for Applicants : Mr. R. G. Hange AGP for Respondent No.2: Mr. A. B. Chate 31 CIVIL APPLICATION NO.2754 OF 2023 IN FA/1286/2021 WITH CA/7180/2021 IN FA/1286/2021 RAOSAHEB ASHRUBA ANDHALE AND ANR THE EX. ENGINEER, IRRI. DIV. BEED AND ANR 32 CIVIL APPLICATION NO.2755 OF 2023 IN FA/1288/2021 WITH CA/7084/2021 IN FA/1288/2021 SAMPATI DADARAO KHADE AGP for Respondent No.2: Mr. S. S. Dande 33 CIVIL APPLICATION NO.2756 OF 2023 IN FA/1285/2021 WITH CA/7165/2021 IN FA/1285/2021 UTTAM ASHRUBA ANDHALE AND ORS AGP for Respondent No.2: Mr. S. N. Kendre
3 27 to 35 ca 2750-23+ 34 CIVIL APPLICATION NO.2757 OF 2023 IN FA/1333/2021 WITH CA/7173/2021 IN FA/1333/2021 SUKHDEO MAHADEO ANDHALE AGP for Respondent No.2: Mr. A. B. Chate 35 CIVIL APPLICATION NO.2758 OF 2023 IN FA/1282/2021 WITH CA/7169/2021 IN FA/1282/2021 DAGDU DADARAO KHADE (DIED) THR LRS SOMINATH AND ORS ....
CORAM :
SANDIPKUMAR C. MORE, J.
DATED : 03/04/2023.
P. C. :
A) ORDER IN RESPECTIVE APPLICATION FOR WITHDRAWAL :
1.
Heard rival submissions.
2.
The respective applicants are seeking withdrawal of the entire deposited amounts of compensation, which has been deposited by the acquiring body. It appears that the appellant acquiring body has deposited only 75% of the total compensation amounts alongwith the proportionate interest accrued thereon.
4 27 to 35 ca 2750-23+ 3.
The learned counsel for the acquiring body opposed the application on the ground that the reference court has granted exorbitant amount of compensation, which is almost 14 times of the amount granted by SLAO.
4.
This court vide order dated 24/08/2022 in other connected matters, has already permitted to withdraw 50% of the deposited amount of compensation alongwith the proportionate interest. In view of the same, the applicants herein are also permitted to withdraw their respective 50% amounts out of the deposited amounts i.e. 75% on usual undertaking and 25% on furnishing solvent surety / security to the satisfaction of Registrar (Judicial) of this court.
5.
The remaining amounts be kept in FDR in any nationalized Bank on yearly renewal basis till fnal disposal of these appeals. 6.
The civil applications are accordingly disposed of. B) ORDER IN RESPECTIVE CIVIL APPLICATION FOR STAY : Since the appellant - acquiring body in all these matters, haS deposited the amounts as directed by this court, the respective applications are made absolute in terms of prayer clause-B and disposed of.
( SANDIPKUMAR C. MORE, J. ) VS Maind/-