Laxmibai W/O Ganpati Gaware v. The Executive Engineer, Minor Irrigation Division, Osmanabad And Others

2025:BHC-AUG:29396 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 917 CIVIL APPLICATION NO. 11509 OF 2025 IN FA/3908/2022 KASHINATH NIVRUTTI GAWARE.

VERSUS

THE EX. ENGINEER, MINOR IRRIGATION DIV. NO.2, OSMANABAD THROUGH G.M.I.D.C., AURANGABAD AND OTHERS WITH CIVIL APPLICATION NO. 11510 OF 2025 IN FA/3909/2022 GANPATI NIVRUTTI GAWARE

VERSUS

THE EX. ENGINEER, MINOR IRRIGATION DIV. NO.2, OSMANABAD THROUGH G.M.I.D.C., AURANGABAD AND OTHERS WITH CIVIL APPLICATION NO. 11511 OF 2025 IN FA/3907/2022 LAXMIBAI W/O. GANPATI GAWARE

VERSUS

THE EX. ENGINEER, MINOR IRRIGATION DIV. NO.2, OSMANABAD THROUGH G.M.I.D.C., AURANGABAD AND OTHERS WITH CIVIL APPLICATION NO. 11512 OF 2025 IN FA/3906/2022 KALYAN NIVRUTTI GAWARE

VERSUS

THE EX. ENGINEER, MINOR IRRIGATION DIV. NO.2, OSMANABAD THROUGH G.M.I.D.C., AURANGABAD AND OTHERS ......

Advocate for Applicant : Mr. Sushant Baburao Choudhari Advocate for Respondent No.1 : Ms. V. S. Swami h/f. Mr. M. C. Swami AGP for Respondent Nos.2 and 3 : Mr. D. R. Korade ......

-2CORAM : ABHAY S. WAGHWASE, J.

DATED : 15 OCTOBER 2025 PER COURT :

1.

Heard rival submissions.

2.

The respective applicants in these Applications are seeking withdrawal of the entire amount of compensation, which has been deposited by the acquiring body along with the interest accrued thereon. It appears that, the acquiring body has deposited entire amount of the impugned award.

3.

Learned counsel submits that, this Court in similar matters i.e. in Civil Application No. 6439 of 2023 in FA/4272/2022 and other connected Applications, has permitted the similarly placed claimants to withdraw 75% amount on furnishing usual undertaking and 25% amount on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this court.

4.

The learned counsel for the acquiring body opposed the application for withdrawal of entire amount.

5.

The applicants - original claimants are permitted to

-3withdraw their respective amounts of compensation along with accrued interest thereon i.e. 70% amount on furnishing usual undertaking and 30% amount on furnishing solvent/security to the satisfaction of learned Registrar (Judicial) of this Court.

6.

The Civil Application is accordingly disposed off. (ABHAY S. WAGHWASE, J.) Tandale