Balasaheb Dnyanoba Patil And Another v. Godavari Marathawada Irrigation Development Corporation Aurangabad Thr Its Exe. Engineer And ANR

94.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 94 CIVIL APPLICATION NO. 12470 OF 2017 IN FAST/26058/2015 BALASAHEB DNYANOBA PATIL AND ANOTHER

VERSUS

GODAVARI MARATHAWADA IRRIGATION DEVELOPMENT CORPORATION AURANGABAD THR ITS EXE.

...

Advocate for Applicants : Mr. Bangar Nilkanth P. AGP for Respondents State: Mr. A. M. Phule Advocate for Respondent No.2 : Mr.A. D. Namde

CORAM

: K. L. WADANE, J.

DATE :

9th October, 2017 ORDER:

1.

Heard learned counsel for the respective parties.

2.

This is an application for withdrawal of the amount of compensation deposited by the acquiring body in the reference Court.

3.

Learned counsel appearing for the applicants claimants submits that the Special Land acquisition Officer has awarded compensation @ Rs.1400/- Per Are, whereas the Reference Court has enhanced it to Rs.3750/- per Are. So, according to the learned counsel for the applicants, it is below four times of the amount of compensation awarded by the Special Land Acquisition Officer. The learned counsel for the 1/2

94.odt acquiring body opposed the application and alternatively, it is submitted that in case the amount is paid to the applicants, security may be obtained from the applicants.

4.

In view of the above, applicants are allowed to withdraw 50% of the amount of compensation together with proportionate interest accrued thereon on furnishing solvent security to the satisfaction of the Reference Court.

5.

Civil Application disposed of.

(K. L. WADANE, J.) JPC 2/2