Babruwan Tanappa Chunge Died Subhabai B Chunge And ORS v. The Ex. Engineer, Medium Irrig. Project Div. Osmanabad And ANR
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD IN CA 1305 of 2025 in FIRST APPEL (ST) No. 10406 of 2021 SUDHAKAR SURABHA KADAM AND ANOTHER
VERSUS
THE EXECUTIVE ENGINEER, MEDIUM IRRIG.
PROJECT DIVISION OSMANABAD IN CIVIL APPLICATION NO. 1306 OF 2025 IN FIRST APPEAL (ST) No. 10397 of 2021 DHONDIRAM MAHADEO KADAM AND ANOTHER
VERSUS
THE EXECUTIVE ENGINEER, MEDIUM IRRIG.
PROJECT DIVISION OSMANABAD (iii) IN CIVIL APPLICATION NO. 1307 OF 2025 IN FIRST APPEAL (ST) No. 10400 OF 2021 GANPAT TUKARAM MOTE (DIED) THR LRS MANIK AND ANOTHER
VERSUS
THE EXECUTIVE ENGINEER, MEDIUM IRRIG.
PROJECT DIVISION OSMANABAD (iv) IN CIVIL APPLICATION NO. 10480 OF 2024 IN FIRST APPEAL (ST) No. 10393 of 2021 BABRUWAN TANAPPA CHUNGE DIED SUBHABAI B CHUNGE AND OTHERS
VERSUS
THE EX. ENGINEER, MEDIUM IRRIGATION PROJECT DIVISION OSMANABAD (v) IN CIVIL APPLICATION NO. 10481 OF 2024 SHIVAJI RANGRAO KADAM AND ANOTHER
VERSUS
THE EXECUTIVE ENGINEER, MEDIUM IRRIGATION PROJECT DIVISION OSMANABAD (Vi) IN CIVIL APPLICATION NO. 10478 OF 2024 IN FIRST APPEAL ST NO. 10403 OF 2021 JALINDAR DAULATRAO PATIL AND OTHERS
(2)
VERSUS
THE EX. ENGINEER, MEDIUM IRRIG. PROJECT DIVISION OSMANABAD (Vii) IN CIVIL APPLICATION NO. 10483 OF 2024 NAMDEO ARJUN KADAM DIED THR LRS SUMAN VASANT BHOSALE AND OTHERS VERUS THE EXECUTIVE ENGINEER, MEDIUM PROJECT DIVISION DHARASHIV AND ANOTHER .....
Advocate for Applicant : Mr. Deshmukh Vivekanand B. AGP for Respondent/State: Mr. R. B. Dhaware Advocate for Respondent No.2 : Mr. r. A. Tambe ....
CORAM : SANDIPKUMAR C. MORE, J.
DATED : 03 FEBRUARY , 2025 ORDER:- 1.
Heard rival submissions.
2.
The applicants in all these applications are seeking withdrawal of their entire respective deposited amounts of compensation, i.e. 75% of the total compensation, which have been deposited by the acquiring body alongwith the interest accrued thereon.
3.
The learned counsel for the applicants, placed on record copy of order dated 19/09/2024 whereby this Court in other
(3) connected matters has granted withdrawal of entire deposited compensation amount alongwith the accrued interest thereon to the applicants therein. As such, the applicants in all these applications are permitted to withdraw their entire respective deposited amount of compensation alongwith the interest accrued thereon till date on usual undertaking to the satisfaction of the Registrar (Judicial) of this court. 6.
The civil applications are accordingly disposed of. DELAY IN CIVIL APPLICATION NO. 6417 OF 2021 IN FIRST APPEAL STAMP NO. 10406 OF 2021 IN CIVIL APPLICATION NO. 6419 OF 2021 IN FIRST APPEAL STAMP NO. 10397 OF 2021 (III) IN CIVIL APPLICATION NO. 6423 OF 2021 IN FIRST APPEAL STAMP NO. 10400 OF 2021 (IV) IN CIVIL APPLICATION NO. 6415 OF 2021 IN FIRST APPEAL STAMP NO. 10393 OF 2021 (V) IN CIVIL APPLICATION NO. 6412 OF 2021 (VI) IN CIVIL APPLICATION NO. 6425 OF 2021 IN FIRST APPEAL STAMP NO. 10403 OF 2021 (VII) IN CIVIL APPLICATION NO. 6427 OF 2021 (VIII) IN CIVIL APPLICATION NO. 6421 OF 2021 IN FIRST APPEAL STAMP NO. 10386 OF 2021 1.
Heard rival submissions 2.
All these applications are filed by the appellant Acquiring
(4) Body for condonation of delay of 1888 days in filing First Appeal. The delay appears to be caused due to obtaining sanctions at various stages.
3.
There is no strong oppose to the application. As such, all theses applications are allowed in terms of prayer clause "B' and disposed of accordingly.
4.
The appeals be registered after removal of office objections if any.
5.
The learned counsel for the respondents/claimants as well as learned A.G.P. in all these matters waive service of notice after registration of the appeals.
STAY IN CIVIL APPLICATION NO. 6418 OF 2021 IN FIRST APPEAL STAMP NO. 10406 OF 2021 IN CIVIL APPLICATION NO. 6420 OF 2021 IN FIRST APPEAL STAMP NO. 10397 OF 2021 (III) IN CIVIL APPLICATION NO. 6424 OF 2021 IN FIRST APPEAL STAMP NO. 10400 OF 2021 (IV) IN CIVIL APPLICATION NO. 6416 OF 2021 IN FIRST APPEAL STAMP NO. 10393 OF 2021 (V) IN CIVIL APPLICATION NO. 6413 OF 2021 (VI) IN CIVIL APPLICATION NO. 6426 OF 2021
(5) IN FIRST APPEAL STAMP NO. 10403 OF 2021 (VII) IN CIVIL APPLICATION NO. 6428 OF 2021 (VIII) IN CIVIL APPLICATION NO. 6422 OF 2021 IN FIRST APPEAL STAMP NO. 10386 OF 2021 Since the appellant Acquiring Body has deposited the amount of compensation as directed by this Court under order dated 23.07.2021, all these applications are made absolute during the pendency of these appeals and disposed of. (SANDIPKUMAR C. MORE, J.) Y.S. Kulkarni