Balu @ Balasaheb Sambhaji Kejgir v. The G.M.I.D.C., Thr The Ex. Engineer, Minor Irrigation Div. Parbhani And ORS

{1} CIVIL APPLICATION NO. 16254 OF 2022 IN Balu @ Balasaheb Sambhaji Kejgir Applicant Mr. M. P. Kale, advocate for the Applicant Mr. R. B. Gaikwad, advocate for Respondent No.1. Mr. S. N. Kendre, AGP for Respondents No. 2 and 3. CIVIL APPLICATION NO. 16258 OF 2022 IN CIVIL APPLICATION NO. 16257 OF 2022 IN Heard rival submissions.

The respective applicants, in all these applications, are seeking withdrawal of entire amounts of compensation which have been deposited by the acquiring body pursuant to the respective impugned awards.

The learned Counsel for the acquiring body strongly opposed the applications on the ground that the Reference Court

{2} has awarded exorbitant amount of compensation in respect of trees by ignoring the fact that in joint measurement, there were no trees found.

However, the learned Counsel for the applicants pointed out that the Reference Court has granted only twice of the amount which had been granted by the SLAO. He further pointed out that the applicants had led specifc evidence about the existence of trees and thereafter the Reference Court found it appropriate to grant compensation in respect of the trees. In view of the same, the applicants, in all these applications, are permitted to withdraw only 75% of the deposited amounts along with accrued interest thereon till date, on furnishing usual undertaking to the satisfaction of the Registrar (J) of this Court. The remaining amount be invested in FDR in any Nationalised Bank till fnal disposal of these appeals. Civil Applications are accordingly disposed of.

{3} CIVIL APPLICATION NO. 1022 OF 2022 IN Applicants Mahadu Sambhaji Kejgir Mr. R. B. Gaikwad, advocate for applicants.

Mr. M. P. Kale, advocate for the Respondent.

CIVIL APPLICATION NO. 1018 OF 2022 IN CIVIL APPLICATION NO. 1020 OF 2022 IN Since the acquiring body has deposited entire amounts of compensation in all these matters,, these Civil Applications are made absolute in terms of prayer clause " A " and disposed of accordingly.

{4} Appellants Mahadu Sambhaji Kejgir Mr. R. B. Gaikwad, advocate for appellants.

Mr. M. P. Kale, advocate for the Respondent.

Heard.

Admit.

Learned Counsel Mr. M. P. Kale waives notice for respondents /respective claimants.