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Bombay High CourtCA/12948/2015admittedallowedgrantedrule absolute

Subhash Sudhakarrao Ghare And Others v. The Executive Engineer Minor Irrigation Division Jalna And Others

2015-10-09Hon'Ble Shri Justice S V Gangapurwala2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12945 OF 2015 IN FIRST APPEAL STAMP NO. 25543 OF 2014 Shakuntala Sampat Gadhave .. Applicant

Versus

Executive Engineer Minor Irrigation Division, Jalna and others .. Respondents J. P. Legal Associates, Advocate for the Applicant. Shri P. P. Kulkarni, Advocate for the Respondent No. 1. Shri R. B. Bagal, A.G.P. for Respondent Nos. 2 and 3. WITH C. A. NO. 12946 OF 2015 IN F. A. ST. NO. 25537 OF 2014 C. A. NO. 12948 OF 2015 IN F. A. ST. NO. 25547 OF 2014 CORAM : S. V. GANGAPURWALA, J.

DATE : 09TH OCTOBER, 2015.

PER COURT :

.

The learned counsel for the acquiring body submits that, the Reference Court has awarded exorbitant compensation amount only on the ground of parity i. e. in other references amount was enhanced, as such in the present references same is enhanced.

2.

Considering the award passed, I pass the following order.

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The applicants are allowed to withdraw 50% of the amount deposited on submitting undertaking to this Court that, in the event applicants are directed to deposit the amount, they shall deposit the same within a period of one month. The applicants/claimants are further allowed to withdraw 25% of the amount deposited on submitting solvent security/surety of the like amount. Remaining 25% of the amount deposited shall be kept in fixed deposit of any nationalized bank. The civil applications are disposed of.

[ S. V. GANGAPURWALA, J. ] bsb/Oct. 15