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Bombay High CourtCA/123/2022disposed off

The Executive Engineer, Latur Minor Irrigation Latur Div. Latur And ANR v. Keshav Namdev Gite

2022-01-06Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

1 943-11392-2021CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 943 CIVIL APPLICATION NO. 11392 OF 2021 IN FAST/4501/2018 THE EXECUTIVE ENGINEER, LATUR MINOR IRRIGATION LATUR DIV. LATUR AND ANR

VERSUS

BHANUDAS PANDURANG GITE WITH CIVIL APPLICATION NO. 122 OF 2022 IN FAST/2204/2020 THE EXECUTIVE ENGINEER, LATUR MINOR IRRIGATION LATUR DIV. LATUR AND ANR

VERSUS

DEVRAO RAMA MULE WITH CIVIL APPLICATION NO.123 OF 2022 IN FAST/2205/2020 THE EXECUTIVE ENGINEER, LATUR MINOR IRRIGATION LATUR DIV. LATUR AND ANR

VERSUS

KESHAV NAMDEV GITE WITH CIVIL APPLICATION NO.124 OF 2022 IN FAST/2212/2020 THE EXECUTIVE ENGINEER, LATUR MINOR IRRIGATION LATUR DIV. LATUR AND ANR

VERSUS

PRABHU TUKARAM MULE WITH CIVIL APPLICATION NO.121 OF 2022 IN FAST/2209/2020 THE EXECUTIVE ENGINEER, LATUR MINOR IRRIGATION LATUR DIV. LATUR AND ANR

VERSUS

BABURAO SHIVAJI KENDRE AND ANR.

Mrs D.S. Ansingekar (Jape), Advocate for applicants Mr S.D. Joshi, Advocate h/f Mr Amit S. Deshpande for respondent CORAM : SHRIKANT D. KULKARNI, J.

DATE : 6th January, 2022

2 943-11392-2021CA PER COURT :

1.

Heard Mrs Jape, learned Advocate for appellants/applicants and Mr Joshi, learned Advocate for respondent/claimant. 2.

The appellants are seeking directions to deposit the amount of compensation.

3.

It is revealed during course of argument that it is a group of appeals more than 100 in number. In 94 appeals, the appellants/acquiring body has deposited the amount under the award. In some matters, the acquiring body yet to deposit the amount of compensation under the impugned award and the same is in process.

4.

Mr Swapnil D. Joshi learned Advocate holding for Mr Amit S.Deshpande, learned Advocate for respondent submits that the acquiring body has not deposited the amount since long time.

ORDER

(i) The appellants are hereby directed to deposit 75% of the amount under the impugned judgment and award arising out of L.A.R. No.724/2000 (C.A.No.11392 of 2021 in FAST/4501/2018), L.A.R.No.722/2000 (C.A.No.122 of 2022 in FAST/2204/2020), L.A.R.No.726/2000 (C.A.No.123 of 2022 in FAST/2205/2020 ), L.A.R.No.723/2000 (C.A.No.124 of 2022 in FAST/2212/2020) and L.A.R. No.982/2000 ( C.A.No.121 of 2022 in FAST/2209/2020), within a period of twelve weeks from today.

(ii) Civil Applications are accordingly disposed of. ( SHRIKANT D. KULKARNI, J.) vvr