Executive Engineer Minor Irrigation Division 1 Aurangabad Under The G M I D C v. Ghininath Shantilal Ranmale And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
903 CIVIL APPLICATION NO. 10814 OF 2024 IN FA/4528/2023 GAHININATH SHANTIAL RANMALE
VERSUS
THE EXECUTIVE ENGINEER AND ORS ...
Advocate for Applicant : Mr. D. A. Bide, h/f Mr. Tejas Charudatta Sonawane. Advocate for Respondent No.1 : Mr. Anand Chawre. AGP for Respondent/State : Mr. K. B. Jadhavar. ...
AND CIVIL APPLICATION NO. 14053 OF 2023 IN FA/4528/2023 AND 904 CIVIL APPLICATION NO. 10839 OF 2024 IN FA/4531/2023 DHARMANATH FAKIRA RANMALE
VERSUS
THE EXECUTIVE ENGINEER AND ORS ...
Advocate for Applicant : Mr. D. A. Bide, h/f Mr. Tejas Charudatta Sonawane. Advocate for Respondent No.1 : Mr. Anand Chawre. AGP for Respondent/State : Mr. K. B. Jadhavar. ...
AND CIVIL APPLICATION NO. 14248 OF 2023 IN FA/4531/2023 AND 905 CIVIL APPLICATION NO. 10840 OF 2024 IN FA/4529/2023 MAININATH BHAULAL RANMALE
VERSUS
THE EXECUTIVE ENGINEER AND ORS ...
Advocate for Applicant : Mr. D. A. Bide, h/f Mr. Tejas Charudatta Sonawane. Advocate for Respondent No.1 : Mr. Anand Chawre. AGP for Respondent/State : Mr. K. B. Jadhavar. ...
AND CIVIL APPLICATION NO. 14251 OF 2023 IN FA/4529/2023 AND 906 CIVIL APPLICATION NO. 10841 OF 2024 IN FA/4530/2023 SADASHIV SO KASHINATH RANMALE
VERSUS
THE EXECUTIVE ENGINEER AND ORS ...
Advocate for Applicant : Mr. D. A. Bide, h/f Mr. Tejas Charudatta Sonawane. Advocate for Respondent No.1 : Mr. Anand Chawre. AGP for Respondent/State : Mr. K. B. Jadhavar. ...
AND CIVIL APPLICATION NO. 14253 OF 2023 IN FA/4530/2023 ...
CORAM :
KISHORE C. SANT, J.
DATE :
21st November, 2024.
P.C.:
.
Heard the learned counsel for the parties.
Applications for stay:
Since the amount is already deposited in this Court, there shall be stay to the impugned judgment and orders till disposal of the appeals. The applications stand disposed of. Appeals:
Heard.
Admit.
The record and proceedings be called for.
Applications for withdrawal of amount:
All these applications are for withdrawal of the amount of compensation deposited by the appellant in this Court. The applicants are the claimants.
The applications are vehemently opposed by the learned counsel for the acquiring body.
In Civil Application No.10814 of 2024, the SLAO had awarded Rs.77,000/- towards compensation for 7 R land that was acquired @ Rs.1100/- per R. The Reference Court has awarded amount of Rs.7500/- as the lands are irrigated. In Civil Application No.10840 of 2024, the amount awarded is Rs.2,52,389/-. In Civil Application No.10841 of 2024, the total amount awarded is Rs.1,30,383/-. Considering the above position, this Court is inclined to allow the applicants to withdraw the entire amount. So far as Civil Application No.10839 of 2024, the total amount awarded is Rs.12,75,491/-. Considering the above, in the said matter, the applicant is permitted to withdraw Rs.10,00,000/-. Hence, the following order:-
O R D E R
I.
In Civil Application No.10814 of 2024, Civil Application No.10840 of 2024 and Civil Application No. 10841 of 2024, the applicants are permitted to withdraw the entire amount deposited in this Court alongwith accrued interest on furnishing usual undertaking.
II.
In Civil Application No.10839 of 2024 the applicant is permitted to withdraw Rs.10,00,000/- on giving usual undertaking. The remaining amount be kept in fixed deposit in any nationalized bank till disposal of the appeal.
III.
With this, the civil applications for withdrawal of amount stand disposed of.
[ KISHORE C. SANT, J. ] nga