Shahaji Ishwar Patil v. The Ex. Engineer, Seena Kolegaon Major Lift Irrigation Pro. At Paranda And ORS

1 915 ca 14382-22+ withdrawal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 915 CIVIL APPLICATION NO.14382 OF 2022 IN FAST/21885/2021 WITH CIVIL APPLICATION NO.14392 OF2022 IN FAST/21966/2021 WITH CIVIL APPLICATION NO.14386 OF2022 IN FAST/22000/2021 WITH CIVIL APPLICATION NO.14383 OF 2022 IN FAST/21960/2021 WITH CIVIL APPLICATION NO.14384 OF 2022 IN FAST/21976/2021 WITH CIVIL APPLICATION NO.14385 OF 2022 IN FAST/21991/2021 ....

RAMDAS WAMAN BHAGADE AND ORS

VERSUS

THE EX. ENGINEER, SEENA KOLEGAON MAJOR, LIFT IRRIGATION OSMANABAD AND ORS ...

Advocate for Applicants : Mr. P. S. Chavan AGP for Respondent Nos.2 & 3: Mr. P. M. Kulkarni Advocate for Respondent No.1 : Mr. G. B. Rajale ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 11/10/2022.

P. C. :

1.

Heard rival submissions.

2.

The applicants are seeking withdrawal of entire of compensation which has been deposited by the appellant acquiring body. Record shows that appellant acquiring body has deposited 75% of the impugned awards.

3.

Considering the enhancement granted by the Reference Court, the aforesaid 75% amount, which has been deposited by the acquiring body, can be given to the respective applicants -

2 915 ca 14382-22+ withdrawal claimants since the interest of acquiring body is already secured by retaining balance 25% amount of the impugned awards. 4.

The learned counsel for the applicants also requested for transmission of the amounts of impugned awards to the concerned Reference Court at Paranda, District Osmanabad. 5.

Considering the old age of some of the applicants, the amounts of compensation deposited by the acquiring body in this court, be transmitted immediately to the concerned court at Paranda, District Osmanabad and after such transmission, the respective applicants in all these applications, are permitted to withdraw the entire deposited amounts of compensation alongwith the accrued interest thereon till date, on furnishing usual undertaking before the concerned Reference Court. 6.

All the applications are accordingly disposed of. ( SANDIPKUMAR C. MORE, J. ) VS Maind/-