Mahananda Asaram Kharat v. Executive Engineer, Nimna Dhudhana Project Selu And ORS

958.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 958 CIVIL APPLICATION NO. 12501 OF 2017 IN FA/1838/2017 WITH CA/12502/2017 IN FA/1836/2017 WITH CA/12503/2017 IN FA/1874/2017 WITH CA/12504/2017 IN FA/1832/2017 WITH CA/12505/2017 IN FA/1875/2017 WITH CA/12506/2017 IN FA/1855/2017 WITH CA/12507/2017 IN FA/1835/2017 WITH CA/12508/2017 IN FA/1833/2017 WITH CA/12509/2017 IN FA/1854/2017 WITH CA/12511/2017 IN FA/1853/2017 WITH CA/12512/2017 IN FA/1856/2017 WITH CA/12513/2017 IN FA/1840/2017 WITH CA/12514/2017 IN FA/1857/2017 UTTAM MANIKRAO KHARAT AND OTHERS

VERSUS

EXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELU AND ORS ...

Advocate for Applicant : Mr. Randive Sachin S. AGP for the State: Mr. S. S. Dande Advocate for Respondent No.1 : Mr. B. R. Surwase

CORAM

: K. L. WADANE, J.

DATE :

4th October, 2017 ORDER:

1.

The applications are filed by the original claimants for permission to withdraw the amount. 2.

Learned counsels for both sides are heard.

3.

Seen the Judgment and Award of the Reference Court.

4.

It appears that the sale instances of the year 2000 are considered when the notification u/s 4 of the 1/2

958.odt Land Acquisition Act is published on 22/07/1999. However, some other matter was decided and that is considered by the Reference Court. Subject to the same conditions, permission can be granted to the applicants for withdrawal of the amount.

5.

In view of the aforesaid circumstances, 75% amount is to be released in favour of the applicants and subject to undertaking of giving solvent surety of remaining 25% amount, the same be released in favour of the applicants.

6.

Civil Applications are disposed of.

7.

In appeals, the learned counsel appearing for both the parties submits that the appeal may be referred to the Lok Adalat. Hence, place the appeals before the ensuing Lok Adalat.

(K. L. WADANE, J.) JPC 2/2