Parvati Mahadu Pawar And ORS v. The Ex. Engineer, Minor Irrigation Division, Osmanabad And Others

CA-2403-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.2403 OF 2021 IN FA/696/2020 PARVATI MAHADU PAWAR AND ORS

VERSUS

THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, OSMANABAD AND OTHERS ---- Mr.V.V.Ingale, Advocate for applicants Mr.R.B.Deshpande, Advocate for respondent no.1 Mr.A.M.Phule, AGP for respondent no.2 ---- CORAM : R.G. AVACHAT, J.

DATE : SEPTEMBER 29, 2021 ORDER :- Heard.

2.

Perused the impugned award so also the 7/12 extract. The 7/12 extract indicates that the land has a well therein and sugarcane crop is raised.

3.

Increase is more than ten times. The claimants are said to have admitted that the land was unirrigated. The Reference Court has, however, awarded the compensation considering it to be irrigated land. In view of the same, the applicants are permitted to withdraw 65% of the amount under the impugned award, 50% amount be paid on

CA-2403-21 furnishing undertaking to the satisfaction of learned Registrar (Judicial) of this Court; and 15% amount be paid on furnishing solvent security/surety. The application stands disposed of. [R.G. AVACHAT, J.] KBP