Datta Mahadeo Tangade And ANR v. The Executive Engineer, Minor Irrigation Department
2024:BHC-AUG:22317 ( 1 ) {ca10075.24}
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 87 CIVIL APPLICATION NO. 10075 OF 2024 IN FA/1298/2024 DATTA MAHADEO TANGADE AND ANR
VERSUS
THE EXECUTIVE ENGINEER, MINOR IRRIGATION DEPARTMENT WITH CIVIL APPLICATION NO. 10076 OF 2024 IN FA/1322/2024 SUNIL S/O JAGANNATH MAKODE
VERSUS
THE EXECUTIVE ENGINEER, MINOR IRRIGATION DEPARTMENT WITH CIVIL APPLICATION NO. 10077 OF 2024 IN FA/1299/2024 ASHOK S/O PARWATRAO TANGDE
VERSUS
THE EXECUTIVE ENGINEER, MINOR IRRIGATION DEPARTMENT AND ORS WITH CIVIL APPLICATION NO. 10078 OF 2024 IN FA/1321/2024 VISHNU S/O SUNDARRAO DHUMAL
VERSUS
THE EXECUTIVE ENGINEER, MINOR IRRIGATION DEPARTMENT Mr.D.M. Pingale, Advocate for the applicants. Mr.S.S. Dande, AGP for the respondent-State.
CORAM
: KISHORE C. SANT, J.
DATE : 19.09.2024 PC :- 01.
Heard learned Advocates for the parties. These applications are filed for withdrawal of amount. The applicants are claimants whose lands are acquired. The learned Reference Court enhanced the amount
( 2 ) {ca10075.24} of compensation. The challenge is raised to the enhancement by the Acquiring Body. The Acquiring Body has already deposited the entire amount as per the award in this Court.
02.
The learned Advocate for the respondent-Acquiring Body vehemently opposed the applications. He submits that enhancement is more than 5-6 times of the amount awarded by the learned SLAO. 03.
Considering the above, following order is passed.
ORDER
(i) The applications are partly allowed.
(ii) The applicants are allowed to withdraw 50% of the amount deposited along with accrued interest on giving usual undertaking.
(iii) Further 25% amount is allowed to be withdrawn along with accrued interest on giving solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this Court. (iv) Remaining amount be kept in fixed deposit in any nationalized bank.
[KISHORE C. SANT, J.] snk/2024/sep24/ca10075.24