Ex. Engineer, Minor Irrigation Div. Osmanabad v. Niraj Raghunath Giri And ORS

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 926 CIVIL APPLICATION NO. 7382 OF 2023 IN FIRST APPEAL (ST) NO. 25420 OF 2021 WITH CA/7383/2023 IN FAST/25415/2021 WITH CA/5431/2022 IN FAST/25415/2021 WITH CA/5432/2022 IN FAST/25415/2021 WITH CA/5429/2022 IN FAST/25420/2021 WITH CA/5430/2022 IN FAST/25420/2021 NIRAJ RAGHUNATH GIRI (DIED) THR LRS RADHIKA NIRAJ GIRI AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR OSMANABAD AND OTHERS ...

Mr. L.C. Patil - Advocate for Applicants Mr. S.P. Tiwari - AGP for Respondent Nos.1 and 2 Mr. S.G. Sangle - Advocate for Respondent No.3 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 6th July, 2023 PER COURT :

CIVIL APPLICATION NO. 7382 OF 2023 CIVIL APPLICATION NO. 7383 OF 2023 1.

Heard rival submissions.

2.

The respective applicants in both these applications are seeking withdrawal of their amounts of compensation, which have been deposited by the acquiring body alongwith the 1/3

interest accrued thereon.

3.

This Court vide order dated 21st June, 2023 in other connected matters has already permitted the applicants therein to withdraw 70% of the total compensation amounts. 4.

In view of the same, present applicants are permitted to withdraw 70% of the deposited compensation amounts i.e. 50% on usual undertaking and 20% on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court.

5.

The remaining amounts be kept in F.D.R. in any nationalized bank on yearly renewal basis till final disposal of these appeals.

6.

The civil applications are accordingly disposed of. CIVIL APPLICATION NO. 5432 OF 2022 CIVIL APPLICATION NO. 5430 OF 2022 7.

Since the appellant - acquiring body in both these matters, has deposited the amount of compensation as directed by this Court, the applications are made absolute in 2/3

terms of prayer clause - B and disposed of.

CIVIL APPLICATION NO. 5431 OF 2022 CIVIL APPLICATION NO. 5429 OF 2022 8.

The appellant - acquiring body in both these applications is seeking condonation of delay of 2324 days, which appears to be cause due to obtaining sanctions at various stages. There is no strong objection from other side and therefore the delay of 2324 days stands condoned. 9.

The appeals be placed for admission after removal of office objections, if any.

10. The applications are accordingly disposed of. [ SANDIPKUMAR C. MORE ] JUDGE 3/3