Shivaji Vishwanath Dhulshete Died Thr. Lrs Surayka @ Surekha Shivaji Dhulshette And ANR v. Ex. Engineer, Latur Minor Irrigation Division, Latur And ANR

2024:BHC-AUG:29629 912-CA-13548-24 (+10)(w)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13548 OF 2024 IN FAST/34593/2019 Fakru Sitaram Chavan

VERSUS

Ex. Engineer, Latur Minor Irrigation Division, Latur And Another AND CA/13549/2024 IN FAST/35076/2019 AND CA/13550/2024 IN FAST/35071/2019 AND CA/13551/2024 IN FAST/35081/2019 AND CA/13552/2024 IN FAST/35061/2019 AND CA/13553/2024 IN FAST/35055/2019 AND CA/13555/2024 IN FAST/35045/2019 AND CA/13556/2024 IN FAST/35067/2019 AND CA/13557/2024 IN FAST/35050/2019 AND CA/13562/2024 IN FAST/35093/2019 AND CA/13560/2024 IN FAST/35087/2019 ......

Mr. Subhash Chillarge, Advocate for Applicants Mr. B.R. Surwase, Advocate for Respondent No.1 Mr. R.B. Dhaware, AGP for Respondent No.2 - State ......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 14th DECEMBER, 2024 ORDER :

1.

Heard.

S.P. Rane

912-CA-13548-24 (+10)(w) 2.

These applications are filed for withdrawal of compensation amount deposited by the Acquiring Body. 3.

Learned advocate for Acquiring Body strenuously opposed the applications stating that, exorbitant amount was awarded by the Reference Court. Hence, claimants may not be permitted to withdraw the same.

4.

Considering the fact that the acquisition is of the year 1997, and the Reference Court has awarded the compensation more than five times, applications are allowed and the applicants/claimants are permitted to withdraw 50% amount of compensation along with proportionate interest accrued thereon, on furnishing usual undertaking and remaining 50% amount of compensation along with proportionate interest accrued thereon, on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial). [NITIN B. SURYAWANSHI ] JUDGE S.P. Rane