Trimbak Vishwanath Ghogare (Died) Thr Lrs. Suman Trimbak Ghogare And ORS v. The Ex. Engineer, Osmanabad Minor Irrigation Division, Osmanabad And Others

1 947 ca 15735-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 947 CIVIL APPLICATION NO.15735 OF 2022 IN FA/3564/2022 TRIMBAK VISHWANATH GHOGARE (DIED) THR LRS. SUMAN TRIMBAK GHOGARE AND ORS

VERSUS

THE EX. ENGINEER, OSMANABAD MINOR IRRIGATION DIVISION, OSMANABAD AND OTHERS ...

Advocate for Applicants : Mr. V. V. Tarde AGP for Respondent-State: Mr. B. V. Virdhe Advocate for Respondent No.1 : Ms. S. G. Chincholkar ....

CORAM : SANDIPKUMAR C. MORE, J.

DATED : 24/01/2023.

P. C. :

1.

Heard rival submissions.

2.

The applicants are seeking withdrawal of amount of compensation, which has been deposited by the acquiring body alongwith the interest accrued thereon. It appears that the acquiring body has deposited 75% of compensation amount.

3.

The learned counsel for the acquiring body opposed the application on the ground that the reference court has granted exorbitant amount of compensation, which is nearly 11 times of the amount granted by SLAO. 4.

However, at this juncture, the applicants are permitted to withdraw 50% of the total compensation amount alongwith the proportionate

2 947 ca 15735-22 interest accrued thereon till date, on usual undertaking to the satisfaction of the Registrar (Judicial) of this court.

5.

The remaining amount be invested in FDR in any nationalized bank on yearly renewal basis till final disposal of the appeal. 6.

The civil application is accordingly disposed of. ( SANDIPKUMAR C. MORE, J. ) VS Maind/-