Prakash Ganpatrao Undre v. The Ex. Engineer, Minor Irrigation Division,Osmanabad And Others

930-CA-10446-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10446 OF 2021 IN FIRST APPEAL (ST) NO. 31522 OF 2019 Pratap Ganpatrao Undre ..APPLICANT

VERSUS

The Executive Engineer, Minor Irrigation Department, Osmanabad and Others ..RESPONDENTS AND CIVIL APPLICATION NO. 10448 OF 2021 IN FIRST APPEAL (ST) NO. 31834 OF 2019 Manisha Prataprao Undre @ Manisha Sunil Kawade ..APPLICANT

VERSUS

The Executive Engineer, Minor Irrigation Department, Osmanabad and Others ..RESPONDENTS AND CIVIL APPLICATION NO. 10445 OF 2021 IN FIRST APPEAL (ST) NO. 31838 OF 2019 Prakash Ganpatrao Undre ..APPLICANT

VERSUS

The Executive Engineer, Minor Irrigation Department, Osmanabad and Others ..RESPONDENTS ....

Mr. V.S. Undre, Advocate for applicants Mr. S.G. Bhalerao, Advocate for respondent no.1 Mr. P.M. Kulkarni, A.G.P. for respondent nos. 2 and 3 ....

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930-CA-10446-21.odt CORAM : R.G. AVACHAT, J.

DATED : 28th OCTOBER, 2021 PER COURT :

1.

Heard. Perused the impugned award.

2.

Learned counsel for the acquiring body objects to permit withdrawal of the amount.

3.

Only 60% of the amount under the impugned award has been deposited. In connected matters, entire amount has been deposited and the claimants therein were permitted to withdraw 75% thereof. In the fitness of things, the applicants herein are permitted to withdraw 60% of the amount which has been deposited under the impugned award plus interest accrued thereon as against undertaking to the satisfaction of the Registrar (Judicial) of this Court. The undertaking shall contain that the applicants shall pay back the amount with interest @ 5% p.a. from the date of receipt of the amount to the date of repayment, if so directed. Civil applications stand disposed of accordingly.

( R.G. AVACHAT, J. ) SSD 2 / 2