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

1 904 ca 7386-23+

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 904 CIVIL APPLICATION NO.7386 OF 2023 IN FAST/25408/2021 WITH CA/7388/2023 IN FAST/25462/2021 WITH CA/7387/2023 IN FAST/25472/2021 WITH CA/9304/2022 IN FAST/25408/2021 WITH CA/9305/2022 IN FAST/25408/2021 WITH CA/9308/2022 IN FAST/25462/2021 WITH CA/9309/2022 IN FAST/25462/2021 WITH CA/9306/2022 IN FAST/25472/2021 WITH CA/9307/2022 IN FAST/25472/2021 ABHIJEET RAGHUNATH GIRI

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR, OSMANABADAND ORS ...

Advocate for Applicant : Mr. L. C. Patil AGP for Respondent Nos.1 & 2: Mr. B. V. Virdhe Advocate for Respondent No.3 : Mr. S. G. Sangle ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 21/06/2023.

P. C. :

A) ORDER IN CIVIL APPLICATIONS FOR WITHDRAWAL OF AMOUNT :

1.

Heard rival submissions.

2.

The respective applicants are seeking withdrawal of their entire amounts of compensation, which have been deposited by the acquiring body alongwith the interest accrued thereon. 3.

This court in other connected matters vide order dated 12/10/2022 has already permitted the applicants therein to withdraw 70% of the deposited amounts of compensation. 4.

In view of the same, the applicants herein, are permitted to withdraw 70% from their respective deposited amounts of compensation alongwith the interest accrued thereon till date i.e.

2 904 ca 7386-23+ 50% on usual undertaking and 20% on furnishing solvent security /surety to the satisfaction of the 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 CIVIL APPLICATIONS FOR DELAY CONDONATION:

1.

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

2.

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

3.

Applications are accordingly disposed of.

C) ORDER IN CIVIL APPLICATIONS FOR STAY :

Since the appellant - acquiring body has deposited entire amounts of compensation as directed by this court in all these applications, the same are made absolute in terms of prayer clause-B and disposed of.

( SANDIPKUMAR C. MORE, J. ) VS Maind/-