Bombay High CourtCA/13418/2019disposed offdismissed for default

Siddheshwar Dattatraya Zende v. The Executive Engineer, Medium Project Division, Osmanabad And ORS

2019-11-22Hon'Ble Shri Justice Mangesh S. Patil8 pages

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 69 CIVIL APPLICATION NO.13323 OF 2019 IN FA/2818/2017 BIBHISHAN BALBHIM PATIL (DIED) LRS RADHABAI AND OTHERS Gulab B. Rajale for R/1 & 3 70 CIVIL APPLICATION NO.13325 OF 2019 IN FA/3361/2017 SHANKAR TUKARAM GAIKWAD 71 CIVIL APPLICATION NO.13349 OF 2019 IN FA/1993/2017 VINAYAK MOHAN GAIKWAD Gulab B. Rajale for R/1 & 3

( 2 ) 72 CIVIL APPLICATION NO.13351 OF 2019 IN FA/1992/2017 TUKARAM MANIK GAIKWAD DIED LRS ANSAY AND ORS 73 CIVIL APPLICATION NO.13353 OF 2019 IN FA/1991/2017 CHANDRASEN BALBHIM PATIL 74 CIVIL APPLICATION NO.13355 OF 2019 IN FA/1994/2017 ANNASAHEB CHANDRASEN PATIL AND ORS

( 3 ) 75 CIVIL APPLICATION NO.13397 OF 2019 IN FA/3365/2017 PANDURANG TUKARAM GAIKWAD AND ANR 76 CIVIL APPLICATION NO.13412 OF 2019 IN FA/2001/2017 RAJENDRA SANDIPAN GAIKWAD 77 CIVIL APPLICATION NO.13414 OF 2019 IN FA/2000/2017 SITARAM MANIK GAIKWAD

( 4 ) 78 CIVIL APPLICATION NO.13415 OF 2019 IN FA/1999/2017 HANUMANT PRABHAKAR AWAD AND ANR 79 CIVIL APPLICATION NO.13417 OF 2019 IN FA/1997/2017 SUNIL RAMRATAN GAIKWAD 80 CIVIL APPLICATION NO.13418 OF 2019 IN FA/3364/2017 SIDDHESHWAR DATTATRAYA ZENDE Advocate for Applicant : Wakure Sanjay A. (vp Not Filed)

( 5 ) :

81 CIVIL APPLICATION NO.13420 OF 2019 IN FA/1995/2017 DEEPAK SANDIPAN GAIKWAD DIED LRS PUJA AND OTHERS 82 CIVIL APPLICATION NO.13421 OF 2019 IN FA/1996/2017 RAMLING BABURAO GAIKWAD 83 CIVIL APPLICATION NO.13425 OF 2019 IN FA/3362/2017 PANDURANG TUKARAM GAIKWAD AND ORS

( 6 ) 84 CIVIL APPLICATION NO.13426 OF 2019 IN FA/1998/2017 PRAKASH MANIK GAIKWAD 85 CIVIL APPLICATION NO.13427 OF 2019 IN FA/3363/2017 DATTATRAYA TUKARAM GAIKWAD Advocate for Applicant : Wakure Sanjay A. (vp Not Filed) 86 CIVIL APPLICATION NO.13429 OF 2019 IN FA/3360/2017 CHAYABAI DATTATRAYA ZENDE Advocate for Applicant : Wakure Sanjay A. (vp Not Filed)

( 7 ) CORAM :

MANGESH S. PATIL, J.

DATE :

22.11.2019 P.C. :- Heard both the sides.

2] The learned advocate Mr.Wakure undertakes to file Vakalatnama in some of the matters wherein he has not yet filed it, within 3 weeks. 3] These are the applications by original claimants seeking to withdraw amount of compensation deposited in the Court by the acquiring body. 4] The learned advocate for the applicants submits that in fact the acquiring body has deposited only 60% of the amount of the award with interest. Therefore, the applicants may be allowed to withdraw 90% of that amount.

5] The learned advocate for the acquiring body strongly opposes the application. He submits that claimants had claimed only enhancement to the tune of Rs.10,000/- per Are but the Reference Court has awarded more than 3 times of the request. In fact the Reference Court has increased this manifold as compared to the rate fixed by the Special Land Acquisition Officer and therefore, the applicant claimants may not be allowed to withdraw the entire amount.

( 8 ) 6] Considering all these facts and circumstances and the impugned judgment and award, it would be appropriate to allow the applicants/claimants to withdraw 75% of the amount deposited in this Court by furnishing usual undertaking. The applications are accordingly disposed of in these terms.

[MANGESH S. PATIL, J.] umg/