Mathurabi Sahebrao Chavan v. The Executive Engineer, Nimna Dudhna Project, Selu, Tq. Selu, Dist. Parbhani

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 946 CIVIL APPLICATION NO. 10218 OF 2024 IN FA/3778/2023 AND CIVIL APPLICATION NO. 10481 OF 2022 IN FA/3778/2023 AND FA/3778/2023 MATHURABI SAHEBRAO CHAVAN ....Applicant

VERSUS

THE EXECUTIVE ENGINEER, NIMNA DUDHNA PROJECT, SELU, TQ. SELU, DIST. PARBHANI .....Respondent Mr. I. K. Wagh, Advocate h/f Mr. More Kumar Gaurav M., Advocate for the applicant Mr. Ganesh V. H. Mohekar, Advocate h/r. R. B. Gaikwad, Advocate for the respondent Mr. R. K. Ingole, AGP for the respondents/State CORAM : KISHORE C. SANT, J.

DATE : 22nd NOVEMBER, 2024 P. C.

1.

Heard.

2.

This application is for withdrawal of the amount

(2) deposited by the acquiring body. The compensation amount is Rs.4,79,309/-.

3.

Considering that the amount is below five lakhs and is for acquisition of the landed property of the applicant, following order:

ORDER

a] The application is allowed.

b] The applicant is permitted to withdraw 75% of the amount deposited in this court alongwith accrued interest on furnishing usual undertaking and further 25% of the amount is allowed to be withdrawn alongwith accrued interest on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this court.

c] The application stands disposed off.

(3) STAY 1.

Since the amount is already deposited in the office of this court, there shall be stay to the impugned judgment and award till final disposal of the appeal.

APPEAL 1.

Heard.

2.

Admit.

3.

Call R & P.

[KISHORE C. SANT, J.] VishalK/946ca10218.24