Shivram Ughadu Koli (Dead) Thr Lrs Lotu (Dead) Thr Lrs Krushna And ORS v. Ex. Engineer, M.I.D.C., Jalgaon And Others

2969.21CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 938 CIVIL APPLICATION NO.2969 OF 2021 IN FIRST APPEAL NO.420 OF 2020 SHIVRAM UGHADU KOLI (DIED) THROUGH L.Rs.LOTU (DIED) THR LRS KRUSHNA & OTHERS

VERSUS

EXECUTIVE ENGINEER, MAHARASHTRA INDUSTRIAL DEV. CO., MIDC, JALGAON & OTHERS ...

Advocate for Applicants : Mr.A.B.Kale AGP for Respondent-State : Mr.S.R.Yadav-Lonikar Advocate for Respondent no.1 : Mr.S.S.Dande ...

CORAM : S.G.DIGE, J.

DATE : 30.06.2022 P.C. :

1] Heard the learned counsel for the applicants and the learned counsel for respondents.

2] The learned counsel for the applicants submits that respondent no.1 has deposited the amount as per the order of Reference Court. The applicants are poor agriculturists and they are not having any source of income. They are in real need of money for their survival. The applicants' valuable property is acquired under compulsory acquisition but the applicants have not received the adequate compensation for the same. Hence, the applicants be permitted to withdraw the amount deposited by respondent no.1.

2969.21CA 3] The learned counsel for respondent no.1 has not disputed the same.

4] Considering the submissions of both the learned counsel, the applicants are permitted to withdraw 50% of amount out of total deposited amount by respondent no.1. 5] Civil Application is disposed of accordingly. [S.G.DIGE] JUDGE DDC