Sopan Rambhau Dhangat v. The State Of Maharashtra Through Collector, Jalna And ORS

( 1 ) ca11216.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 907 CIVIL APPLICATION NO.11216 OF 2023 IN FA/1304/2016 SOPAN RAMBHAU DHANGAT

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR, JALNA AND ORS Mr.A.H. Koralkar, Advocate for the applicant. Mr.S.S. Dande, AGP for the respondent/State.

Mr.A.MK. Gaikwad, Advocate for respondent No.3.

CORAM

:

KISHORE C. SANT, J.

DATED :

04.11.2023 PC :- 01.

Heard learned Advocate for the parties. The learned Advocate for the acquiring body/appellant has placed on record a communication received by him from the Executive Engineer, Jalna Irrigation Division, Jalna dated 12.10.2023. As per the communication, the acquiring body has accepted to pay to the respondents/claimants additional amount of Rs.1,09,793/-. This matter is already settled before the Lok-Adalat. However, only calculation was remained to be given. The learned Advocate for the claimants accepts this position and submits that he is ready to accept Rs.1,09,793/- towards additional compensation. While filing the appeal, the acquiring body has deposited the amount as per the award by the learned Reference Court. 75% of the amount is already withdrawn by the applicant in view of the order passed by this Court dated 20.07.2017 in Civil Application No. 8952 of 2017. The remaining amount is deposited in the fixed deposit.

( 2 ) ca11216.23 02.

The appellant/acquiring body is depositing additional amount of compensation in this Court. After the amount is deposited, the office shall allow the claimant to withdraw the same. The appellant shall be entitled to refund of Court fees in view of withdrawal of the appeal as per rules. 03.

The claimants are entitled to receive remaining amount lying in this Court. After deposit of additional amount, the claimants are at liberty to withdraw the same.

04.

The Civil Application is accordingly allowed and disposed off. [KISHORE C. SANT, J.] snk/2023/NOV23/ca11216.23