Dilip Pandhari Pimpre v. The Executive Engineer And ORS

2025:BHC-AUG:22983 1 954 ca 9054

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9054 OF 2025 IN FIRST APPEAL NO. 1685 OF 2024 Dilip Pandhari Impare .. Applicant

Versus

The Executive Engineer Minor Irrigation Division and others .. Respondents Shri Mukul S. Kulkarni, Advocate for the Applicant . Shri Rahul D. Khadap, Advocate for the Respondent. CORAM : SHAILESH P. BRAHME, J.

DATE : 21ST AUGUST, 2025.

FINAL ORDER :

.

Heard both sides.

2.

Applicant - claimant is seeking withdrawal of amount of Rs. 5,52,081/- deposited by the respondent No. 1 - acquiring body.

3.

Learned counsel Mr. Mukul Kulkarni appearing for the acquiring body opposes the application on the ground that Reference Court awarded compensation not relying on tangible evidence, but on the memory of the Presiding Officer, which cannot be countenanced. He would further submit that

2 954 ca 9054 enhancement is on higher side and shocking.

4.

The compensation awarded and deposited by the acquiring body is comparatively meager. Applicant is entitled to receive part of the compensation. The interest of the respondent - acquiring body would be protected in permitting applicant to receive 70% of the amount deposited with accrued interest only. 5.

The civil application is partly allowed permitting the applicant to receive 70% of the amount deposited with accrued interest on furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court. Balance amount shall be invested in any nationalized bank. The civil application is disposed of.

[ SHAILESH P. BRAHME J. ] bsb/Aug. 25