Raghunath Shankar Huke v. The Ex. Engineer, Medium Project, Osmanabad And ORS

1 996&997

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 996 CIVIL APPLICATION NO.11471 OF 2023 IN FA/984/2023 WITH CA/8223/2022 IN FA/984/2023 RAGHUNATH SHANKAR HUKE

VERSUS

THE EX. ENGINEER, MEDIUM PROJECT, OSMANABAD AND ORS ...

Advocate for Applicant: Mr. Shinde Shrikishan S. Advocate for Respondent No.1: Ms. Sunita D. Shelke ...

AND ...

997 CIVIL APPLICATION NO.11472 OF 2023 IN FA/985/2023 WITH CA/8198/2022 IN FA/985/2023 BHIMA S/O ANNA DEOKAR

VERSUS

THE EX. ENGINEER, MEDIUM PROJECT OSMANABAD AND ORS ...

Advocate for Applicant: Mr. Shinde Shrikishan S. Advocate for Respondent No.1: Ms. Sunita D. Shelke ...

CORAM :ARUN R. PEDNEKER, J.

DATE :12th SEPTEMBER, 2023 PER COURT:

1.

The appeals are filed by the acquiring body and the stay is granted subject to deposit of 75% of the compensation awarded by the reference court. The present civil applications are filed for withdrawal of amount. Having heard the learned counsel for the parties, it appears that there is more than 4 times increase of the awarded amount

2 996&997 as granted by the land acquisition officer. This court ordinarily in all these matters had granted withdrawal of the entire amount deposited in this court.

2.

In view of the same, the amount deposited in this court 75% is permitted to be withdrawn by the claimants, subject to the condition that 50% on usual undertaking to the satisfaction of the Registrar (Judicial) of this court and remaining 25% on surety / security. The civil applications for withdrawal of the amount are disposed of. 3.

Since the amount are deposited as directed by this court, stay is confirmed and the applications for stay are disposed of.

4.

The appeals are admitted.

5.

List these appeals for disposal after (08) weeks.

[ARUN R. PEDNEKER, J.] marathe