Executive Engineer, M.I.W., Jalgaon v. Dipak Bhagwat Gite And ORS

1 17-FA 1564-2018+.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO. 1564 OF 2018 Executive Engineer, Narayan Baburao Mahajan and others Mr. Vijay B. Patil, Advocate for Respondent No. 1. WITH FIRST APPEAL NO. 1468 OF 2018 Executive Engineer, Ashok Zendu Patil and others Mr. Vijay B. Patil, Advocate for Respondent No. 1. WITH FIRST APPEAL NO. 1569 OF 2018 Executive Engineer, Prakash Ramdas Patil and others Mr. Vijay B. Patil, Advocate for Respondent No. 1.

2 17-FA 1564-2018+.odt WITH FIRST APPEAL NO. 1467 OF 2018 Executive Engineer, Prakash Zandu Patil and others Mr. Vijay B. Patil, Advocate for Respondent Nos. 1 and 2. Mr. S. P. Tiwari, AGP for Respondent Nos. 3 and 4. WITH FIRST APPEAL NO. 1466 OF 2018 Executive Engineer, Ashok Kashinath Patil and others Mr. Vijay B. Patil, Advocate for Respondent No. 1. WITH FIRST APPEAL NO. 1568 OF 2018 Executive Engineer, Dipak Bhagwat Gite and others Mr. Vijay B. Patil, Advocate for Respondent No. 1. WITH FIRST APPEAL NO. 1562 OF 2018 Executive Engineer,

3 17-FA 1564-2018+.odt Pralhad Dagdu Chaudhari Since deceased through L.Rs.

Ushabai Pralhad Chaudhari and others Mr. Vijay B. Patil, Advocate for Respondent Nos. 1A to 1C. CORAM :

KISHORE C. SANT, J.

DATED : 27th SEPTEMBER, 2023.

P. C. :- .

These appeals are from the group of appeals preferred by the acquiring body in this Court challenging the awards under Section 18 of the Land Acquisition Act by the Reference Court. Now the authority i.e. Executive Engineer, Minor Irrigation Department has issued letter dated 10.08.2023 to the learned advocate that, in view of policy of the Government to withdraw the appeals wherein enhancement is within four times of the amount of the award by the Special Land Acquisition Officer.

2.

In view of the same, learned advocate for the appellants seeks leave to withdraw these appeals. He has produced on record two copies of communication dated 10.08.2023 and 28.04.2023 along with other communications.

4 17-FA 1564-2018+.odt 3.

In view of the same, the said communications are taken on record. Leave is granted to withdraw these appeals. 4.

In view of withdrawal of first appeals learned advocate Mr. V. B. Patil appearing for claimants/respondents in these appeals submits that, in these appeals this Court was pleased to direct the appellants to deposit the amount of award in this Court. The amount is deposited as per the direction by this Court while considering the applications for stay. He further submits that, in some of the matters the claimants are even permitted to withdraw 50% amount of the deposited amount in this Court. He thus prays that, the claimants be allowed to withdraw the remaining amount deposited in this Court and that is still lying. 5.

In view of the same, office to permit the claimants/respondents to withdraw the remaining amount in the respective appeals which is lying in this Court along with accrued interest if any thereon. 6.

The first appeals are disposed off as withdrawn. 7.

In view of withdrawal of first appeals, the appellants shall be entitled to refund of the Court fees as per rules. ( KISHORE C. SANT, J. ) P.S.B.