Venkat Shankarrao Sutar v. The Ex. Engineer, Irrigation Division (Lift) Osmanabad And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.14653 OF 2022 IN FIRST APPEAL NO. 1608 OF 2021 Venkat Shankarrao Sutar Applicant

Versus

The Executive Engineer, Irrigation Division (Lift), Osmanabad & others Respondents Mr. A. V. Patil (Indrale), advocate for the Applicant Mr. M. C. Swami, advocate for Respondent No.1. Mr. P. M. Kulkarni, AGP for Respondents No. 2 and 3. CORAM : SANDIPKUMAR C. MORE, J.

DATE : 17th October, 2022.

PC :

Heard.

The applicant is seeking withdrawal of remaining amount of compensation of Rs.4,47,352/-.

The learned Counsel for the applicant submits that the applicant is ready to furnish solvent surety/security. The learned Counsel for Respondent No.1-acquiring body strongly opposed the application on the ground that the applicant claimant has already withdrawn almost 50% of the compensation amount i.e. Rs. 4,00,000/-. He pointed out that

{2} ca14653.22.odt though the SLAO has granted rate of Rs.635/- per R., but the learned Reference Court has enhanced the same by almost 9 times. The applicant has already withdrawn half of the compensation amount which comes to four times. As such, I am not inclined to grant further withdrawal to the applicant, at this juncture.

Accordingly, Civil Application is hereby rejected. (SANDIPKUMAR C. MORE) JUDGE adb