Saudagar Namdeo Raut And Another v. The Executive Engineer, Seena Kolegaon Pro. Paranda, Osmanabad And ORS

(1) 936 CA-14749.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 936 CIVIL APPLICATION NO.14749 OF 2022 IN FAST/12175/2021 WITH CA/14753/2022 IN FAST/12454/2021 WITH CA/14748/2022 IN FAST/12460/2021 WITH CA/14750/2022 IN FAST/12470/2021 WITH CA/14751/2022 IN FAST/12465/2021 WITH CA/14752/2022 IN FAST/12451/2021 WITH CA/14746/2022 IN FAST/12448/2021 WITH CA/14747/2022 IN FAST/12457/2021 DATTATRAY KONDERAO PATIL AND OTHERS

VERSUS

THE EXECUTIVE ENGINEER, SEENA KOLEGAON PROJECT AT PARANDA, OSMANABAD AND OTHERS ...

Mr. V.B. Deshmukh, Advocate for the applicants. Mr. Rahul A. Tambe, Advocate for respondent No.1. Mr. P.N. Kutti, A.G.P. for respondent - State. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

18.10.2022.

ORDER:- 1.

Heard rival submissions. The respective applicants are seeking withdrawal of entire amounts deposited by respondent No.1 / appellant - Acquiring Body. The record shows that since there was dispute in respect of awarding interest under Section 28 of the Land Acquisition Act, the Acquiring Body has deposited 50% amounts of the impugned awards. Further, it appears that the Reference Court has granted enhancement by awarding six to seven times amounts as that of granted by Special Land Acquisition Offcer. In view of the same, following order is passed.

(2) 936 CA-14749.2022.odt

ORDER

(i) The respective applicants are permitted to withdraw the entire 50% amounts of the impugned awards deposited by the Acquiring Body alongwith the accrued interest thereon till date, on furnishing usual undertaking before the Registrar (Judicial) of this Court. (ii) The applications are accordingly disposed of. (SANDIPKUMAR C. MORE, J.) vd_dhirde