The Ex. Engineer, Minor Irrigation Div. No. 1 Aurangabad Thr Gmidc, Aurangabad v. Kacharu Manikrao Sonwane And ORS

(1) 936 CA-4333.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 936 CIVIL APPLICATION NO.4333 OF 2023 IN FAST/29240/2021 WITH CA/11927/2021 IN FAST/29240/2021 WITH CA/11928/2021 IN FAST/29240/2021 KACHARU MANIKRAO SONWANE

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR AURANGABAD AND OTHERS ...

Mr. Pradeep Janapurkar, Advocate for the applicant. Mr. A.B. Chate, A.G.P. for respondent Nos.1 and 2. Mr. Sudhir Bhalerao, Advocate for respondent No.3. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

3rd May 2023.

ORDER:- IN CIVIL APPLICATION NO. 4333 OF 2023 :

1.

Heard rival submissions.

2.

The applicant id seeking withdrawal of entire amounts of compensation, which has been deposited by the Acquiring Body alongwith the interest accrued thereon.

3.

This Court, in other connected matters, vide order dated 23.01.2023, has already permitted the applicants therein to withdraw 75% of the deposited compensation amounts. As such, the applicant herein is also permitted to withdraw the 75% of deposited amounts of compensation alongwith the proportionate interest accrued thereon till date on usual undertaking to the satisfaction of the Registrar (Judicial) of this Court.

(2) 936 CA-4333.2023.odt 4.

The remaining amounts be kept in FDR in any nationalized Bank on yearly renewal basis till final disposal of these appeals.

5.

The civil application is accordingly disposed of. IN CIVIL APPLICATION NO. 11927 OF 2021 :

1.

The appellant - Acquiring Body is seeking condonation of delay of 1744 days, which appears to be caused due to obtaining sanctions at various stages. There is no strong objection from other side and therefore the delay of 1744 days stands condoned.

2.

The appeal be placed for admission after removal of office objections, if any.

3.

Application is accordingly disposed of.

IN CIVIL APPLICATION NO.11928 OF 2021 :

.

Since the appellant - Acquiring Body has deposited entire compensation amount, the application is made absolute in terms of prayer clause-B and disposed of.

(SANDIPKUMAR C. MORE, J.) vd_dhirde