Shivaji Baburao Kokate v. The Executive Engineer, Minor Irrigation Division, Osmanabad And ANR

2024:BHC-AUG:29262 {1} ca12436-24.doc drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12436 OF 2024 IN FIRST APPEAL NO.2073 OF 2018 Shivaji Baburao Kokate APPLICANT

VERSUS

The Executive Engineer, Minor Irrigation Division, Osamanabad and Another RESPONDENTS .......

Mr. Sanjay A. Wakure, Advocate for the Applicant Mr. Krushna Rodge h/f Mr. P.G.Rodge, Adv. for Respondent No.1 Mr. R.B. Dhaware, AGP for Respondents No.2 & 3 - State .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 12 th DECEMBER, 2024 ORDER :

1.

Heard.

2.

This application is filed by the Applicant - Claimant, seeking withdrawal of amount of land acquisition compensation, deposited by Respondent No.1 - Acquiring Body. 3.

The acquisition is of the year 2003 and the Reference Court has enhanced compensation amount, it appears, more than ten times.

4.

Learned Advocate for the Acquiring Body strenuously opposed the Application, stating that exorbitant compensation is

{2} ca12436-24.doc awarded by the Reference Court and the Claimant may not be permitted to withdraw such amount.

5.

For the reasons stated in the Application, the Applicant is permitted to withdraw 50% of the compensation amount deposited by the Acquiring Body, along with proportionate accrued interest, on furnishing usual undertaking to the satisfaction of the Registrar (Judicial). Civil Application is disposed of.

[ NITIN B. SURYAWANSHI ] JUDGE drp/ca12436-24.doc