Bhimrao S/O Ramrao Kawate v. The Ex. Engineer, Irrigation Project Strengthening Div. Omerga And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.16006 OF 2022 IN FIRST APPEAL NO. 2038 OF 2022 WITH CIVIL APPLICATION NO. 3158 OF 2023 IN FIRST APPEAL NO. 2036 OF 2022 WITH CIVIL APPLICATION NO. 3159 OF 2023 IN FIRST APPEAL NO. 2037 OF 2022 WITH CIVIL APPLICATION NO. 3157 OF 2023 IN FIRST APPEAL NO. 2035 OF 2022 WITH CIVIL APPLICATION NO. 3160 OF 2023 IN FIRST APPEAL ST. NO. 6565 OF 2022 WITH CIVIL APPLICATION NO. 16296 OF 2022 IN FIRST APPEAL ST. NO. 6715 OF 2022 WITH CIVIL APPLICATION NO. 16294 OF 2022 IN FIRST APPEAL ST. NO. 6682 OF 2022 WITH CIVIL APPLICATION NO. 16292 OF 2022 IN FIRST APPEAL ST. NO. 6678 OF 2022 WITH CIVIL APPLICATION NO. 16293 OF 2022 IN FIRST APPEAL ST. NO. 6701 OF 2022 Mr. V. V. Ingale, Mr. A. B. Kale, advocates for the Applicants Mr. S. S. Dande, AGP for Respondent-State authorities. Mr. G. B. Rajale, advocate for Respondent-acquiring body. CORAM : SANDIPKUMAR C. MORE, J.

DATE : 09th March, 2023.

PC :

{2} Heard rival submissions.

The applicants, in all these applications, are seeking withdrawal of their entire respective amounts of compensation, which have been deposited by the appellantacquiring body. The acquiring body has deposited 75% of the impugned award amounts along with the interest as per order dated 30th March, 2022.

This Court, in other connected matters, vide order dated 18.03.2021, has granted withdrawal of those 75% amounts.

In view of the same, the applicants herein are permitted to withdraw those 75% amounts i.e. 50% of the amounts on usual undertaking and remaining 25% amounts on furnishing solvent security/surety to the satisfaction of Registrar (J) of this Court along with the interest accrued thereon till date.

Civil Applications are disposed of.

(SANDIPKUMAR C. MORE) JUDGE adb

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4767 OF 2022 IN FIRST APPEAL ST. NO. 6565 OF 2022 WITH CIVIL APPLICATION NO. 4785 OF 2022 IN FIRST APPEAL ST. NO. 6678 OF 2022 WITH CIVIL APPLICATION NO. 4783 OF 2022 IN FIRST APPEAL ST. NO. 6682 OF 2022 WITH CIVIL APPLICATION NO. 4775 OF 2022 IN FIRST APPEAL ST. NO. 6701 OF 2022 WITH CIVIL APPLICATION NO. 4771 OF 2022 IN FIRST APPEAL ST. NO. 6715 OF 2022 WITH CIVIL APPLICATION NO. 4787 OF 2022 IN FIRST APPEAL ST. NO. 6724 OF 2022 Mr. G. B. Rajale, advocate for the Applicant-acquiring body Mr. S. S. Dande, AGP for Respondent-State authorities. Mr. V. V. Ingale, Mr. A. B. Kale, advocate for the claimants. CORAM : SANDIPKUMAR C. MORE, J.

DATE : 09th March, 2023.

PC :

Heard rival submissions.

The applicant-acquiring body is seeking condonation of delay of 3002 days in all these applications which appears to be caused due to obtaining approvals at

{4} various stages.

Though the applications are opposed, but considering the statutory right of the applicant, the delay of 3002 days, in all these applications, stands condoned. Civil Applications are disposed of.

(SANDIPKUMAR C. MORE) JUDGE adb