Ramlal S/O Santramsingh Rajput (Died) Thr Lrs. Sumitrabai And Others v. The Ex. Engineer, Nandur Madhmeshwar Canal Irrigation No. 2 Div. Vaijapur Dist- Aurangabad And ANR
{1}
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO.15106 OF 2022 IN FIRST APPEAL ST. NO. 9137 OF 2022 Ramlal Santramsingh Rajput (died) through his legal heirs Applicants
Versus
The Executive Engineer, Nandur Madhmeshwar Canal Division, Vaiapur another Respondents Mr. A. M. Hajare, advocate for the Applicants Mr. R. R. Imale, advocate for Respondent No.1. Mr. S. R. Yadav Lonikar, AGP for Respondent No.2. CORAM : SANDIPKUMAR C. MORE, J.
DATE : 25th November, 2022.
PC :
Heard rival submissions.
The applicants are seeking withdrawal of entire deposited amount of compensation.
It appears that the acquiring body has deposited only 75% of the impugned award along with the interest. Further, this Court, vide order dated 14th October, 2022, in C. A. No. 12631 of 2022, has permitted the applicants therein to withdraw 60% of the deposited 75% amount of impugned
{2} award. As such, same order would follow.
As such, the applicants are permitted to withdraw 60% amount along with proportionate interest accrued thereon till date out of the 75% amount of the impugned award deposited by the acquiring body on furnishing usual undertaking. The balance amount of compensation be invested in FDR in any Nationalised Bank on yearly renewal basis, till disposal of appeal.
Civil Application is accordingly disposed of. (SANDIPKUMAR C. MORE) JUDGE adb
{3}
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO.4570 OF 2022 IN FIRST APPEAL ST. NO. 9137 OF 2022 The Executive Engineer, Nandur Madhmeshwar Canal Division, Vaiapur another Applicant
Versus
Ramlal Santramsingh Rajput (died) through his legal heirs another Respondents Mr. R. R. Imale, advocate for the Applicants Mr. A. M. Hajare, advocate for Respondent No.1A to 1D. Mr. S. R. Yadav Lonikar, AGP for Respondent No.2. CORAM : SANDIPKUMAR C. MORE, J.
DATE : 25th November, 2022.
PC :
Heard rival submissions.
The applicant-acquiring body is seeking condonation of delay of 1140 days which appears to be caused due to obtaining approvals at various stages. There is no strong objection from the other side.
As such, delay of 1140 days stands condoned. The appeal be placed for admission after removal of offce
{4} objections, if any.
Civil Application stands disposed of.
(SANDIPKUMAR C. MORE) JUDGE adb