Sunita Laxman Gaikwad v. G.M.I.D.C. Thr The Executive Engineer, Minor Irrigation Division, Osmanabad And ANR

1038-ca-469-19 withdrawal (group).odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1038 CIVIL APPLICATION NO.469 OF 2019 IN FA/4284/2017 WITH CA/470/2019 IN FA/4283/2017 WITH CA/471/2019 IN FA/4286/2017 GANPATI SADU RAJGURU

VERSUS

G.M.I.D.C. THR THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, OSMANABAD AND ANR ...

Advocate for Applicant : Mr. Kale Ajeet B. & Mr. R V Naiknaware Advocate for Respondent No.1 : Mrs. Haraswadkar Patil Kalpalata AGP for Respondents/State : Mr. R.B. Bagul ...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 27th SEPTEMBER, 2019.

ORDER :

.

All these applications have been filed for withdrawal of the amount. All the applicants are the original claimants. Learned Advocate appearing for the acquiring body who has deposited the amount submits that the appeals have been filed challenging the quantum awarded by the reference Court which is very much on the higher side. 2.

Taking into consideration the fact that admittedly, the lands belonging to the present applicants have been acquired, they are entitled to

1038-ca-469-19 withdrawal (group).odt get compensation. Though the appeals have been filed challenging the quantum, definitely, case is made out for partial withdrawal of the amount. Hence, applicants are allowed to withdraw 50% of the amount which has been deposited in each of the case.

3.

Applicants shall file an undertaking within a period of eight weeks that they would make the said amount good, if directed at the time of final disposal of the appeals.

4.

Civil Applications stand disposed of accordingly. (SMT. VIBHA KANKANWADI, J.) SCM