Sukhadev Natthu Koli v. The Executive Engineer, Hatnur Project Division, Chopda, Jalgaon And ORS

(1) 905 CA-13240.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 905 CIVIL APPLICATION NO.13240 OF 2022 IN FA/101/2021 WITH CA/13246/2022 IN FA/137/2021 WITH CA/13238/2022 IN FA/139/2021 WITH CA/13248/2022 IN FA/128/2021 WITH CA/13243/2022 IN FA/126/2021 WITH CA/13244/2022 IN FA/114/2021 WITH CA/13245/2022 IN FA/124/2021 WITH CA/13247/2022 IN FA/129/2021 WITH CA/13241/2022 IN FA/102/2021 DILIP HARI PATIL

VERSUS

THE EX. ENGINEER, HATNUR PROJECT DIV. NOW OFFICE AT L.T.P.D. AMALNER AND OTHERS ...

Mr. Ajeet B. Kale, Advocate for the applicants. Mr. A.A. Jagatkar, A.G.P. for respondent Nos.2 and 3. Mr. S.S. Chillarge, Advocate for respondent No.1. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

20.09.2022.

ORDER:- 1.

Heard rival submissions. The respective applicants in all these applications are claiming withdrawal of the compensation amount deposited by the appellant Acquiring Body. On perusal of order dated 22nd July 2022, it appears that the appellant - Acquiring Body has deposited only 50% amount of the award at the time of seeking stay to the execution of impugned award.

2.

The learned Counsel for the appellant Acquiring Body strongly opposed the applications on the ground that

(2) 905 CA-13240.2022.odt 'four times' criteria is not applicable in the instant matters. However, it appears that 50% of the compensation awarded under the impugned award is already with Acquiring Body and therefore, the amounts of compensation deposited by the Acquiring Body in these appeals are allowed to be withdrawn by the present applicants as mentioned in their respective applications on usual undertaking to the satisfaction of the learned Registrar (Judicial) of this court. In view of the same, all these applications stand disposed of accordingly. (SANDIPKUMAR C. MORE, J.) vd_dhirde