Kalyan Digambar Ghogare (Died) Thr Lrs Indubai And ANR v. Executive Engineer, Minor Irrigation Division, Osmanabad And ANR

C.A. No.4135/2021 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.4135 OF 2021 IN FIRST APPEAL NO.1151 OF 2020 Kalyan s/o Digambar Ghogare Died, through L.R.

Nitin s/o Kalyan Ghogare ... APPLICANT

VERSUS

The Executive Engineer, Minor Irrigation Division, Osmanabad & anr.

... RESPONDENTS .......

Mr. P.V. Khiste, Advocate for applicant Ms. S.D. Shelke, Advocate for respondent No.1. Mr. S.S. Dande, A.G.P. for respondent No.2.

.......

CORAM :

R. G. AVACHAT, J.

DATE :

12th JULY, 2021 PER COURT :

Heard.

2.

Applicant to remove the office objection within two weeks.

3.

Heard. The learned counsel for the acquiring body informs that the land has been acquired from village Upla

C.A. No.4135/2021 :: 2 ::

while the sale instances from village Alni have been taken into consideration. Moreover, the interest has been awarded from the date of notification and not from the date of award. The learned counsel meant to say to have a very good case on merits.

4.

In view of the above, the applicant is permitted to withdraw 60% of the amount deposited, on furnishing undertaking. The application is disposed of. ( R. G. AVACHAT ) JUDGE fmp/-