Rangnath Namdeo Kadam (Died) Thr Lrs. Padminbai Rangnath Kadam And Others v. The G.M.I.D.C., Thr Its Exe. Engineer, Minor Irrigation Div., Osmanabad And Others
(1) 926 CA-14477.2022.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 926 CIVIL APPLICATION NO.14477 OF 2022 IN FAST/31065/2019 RANGNATH NAMDEO KADAM (DIED) THROUGH LRS.
PADMINBAI RANGNATH KADAM AND OTHERS
VERSUS
THE G.M.I.D.C., THROUGH ITS EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION OSMANABAD AND OTHERS WITH WITH CA/14478/2022 IN FAST/31220/2019 DEVIDAS NAMDEO KADAM (DIED) THROUGH LRS. RAMDAS AND OTHERS
VERSUS
THE G.M.I.D.C., THROUGH ITS EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION OSMANABAD AND OTHERS ...
Mr. V.B. Deshmukh, Advocate for the applicants. Mr. Ranjit B. Gaikwad, Advocate for respondent No.1. Mr. S.N. Kendre, A.G.P. for respondent - State. ...
CORAM :
SANDIPKUMAR C. MORE, J.
DATED :
13.10.2022.
ORDER:- 1.
Heard the rival submissions. The applicants are claiming withdrawal of entire amount deposited by respondent No.1 Acquiring Body in this Court vide order dated 5th August 2021. The learned Counsel for the Acquiring Body strongly opposed the application on the ground that the Reference Court has granted exorbitant compensation.
(2) 926 CA-14477.2022.odt 2.
The record shows that the Reference Court has granted six or seven times more compensation than the compensation granted by the SLAO. In view of the same, the following order is passed ORDRR (i) The applicants are permitted to withdraw 50% of the deposited compensation amount on furnishing usual undertaking to the satisfaction of the Registrar (Judicial ) of this Court. They are further permitted to withdraw 25% of the remaining amount by furnishing solvent surety / security.
(ii) The aforesaid amounts be paid to the applicants alongwith the interest accrued thereon till date and the remaining amount be invested in F.D.R. in any Nationalized Bank till final disposal of the appeal.
(iii) Application is disposed of accordingly (SANDIPKUMAR C. MORE, J.) vd_dhirde