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Bombay High CourtCA/14259/2019disposed offdismissed for default

Govind Baburao Patil v. Ex. Engineer, Patbandhare Project Omerga And ORS

2019-12-12Hon'Ble Shri Justice Mangesh S. Patil1 pages

28.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 28 CIVIL APPLICATION NO.14259 OF 2019 IN FA/1158/2017 WITH CA/14260/2019 IN FA/1157/2017 GOVIND BABURAO PATIL

VERSUS

EX. ENGINEER, PATBANDHARE PROJECT OMERGA AND ORS ...

Advocate for Applicant : Mr. Ingale Vivekanand V. AGP for Respondents No. 2 : Mr. S.N. Morampalle. Advocate for Respondents No. 1& 3 : Mr. Gulab B. Rajale.

CORAM

: MANGESH S. PATIL, J.

DATE : 12/12/2019 PER COURT :

Heard both the sides.

2.

These are the applications by the original claimants seeking withdrawal of amount of compensation deposited by the Acquiring Body. 3.

Having heard both the sides and perused the reasoning by the Reference Court though the Reference Court has awarded some compensation for trees, the major component is of land. There is a sale instance referred by the Reference Court and therefore the applicants/claimants can be allowed to withdraw 75 % of the amount. 4.

The applicants/claimants are allowed to withdraw 75 % of the amount, 50 % by furnishing usual undertaking and 25 % by furnishing solvent security.

( MANGESH S. PATIL, J. ) mkd 1/1