Chandrakant Kashinath Zerikunthe And ORS v. The Ex. Engineer, Latur Medium Project Latur And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 936 CIVIL APPLICATION NO.13832 of 2018 IN FAST/31564/2017 WITH CA/13830/2018 IN FAST/31638/2017 WITH CA/13831/2018 IN FAST/31627/2017 CHANDRAKANT KASHINATH ZERIKUNTE AND ORS.

VERSUS

THE EX. ENGINEER, LATUR MEDIUM PROJECT LATUR AND ANR ...

Advocate for Applicant Nos 1 to 7 : Mr.Sakolkar Vijay G. And Mr. H.B. Nandagavale Advocate for Respondent No. 1 : Giri Umakant P. AGP for Respondent No. 2 : Mr. R.B. Bagul ...

CORAM : SUNIL K.KOTWAL, J.

DATE : NOVEMBER 22, 2018 O R D E R :

These the applications for withdrawal of compensation amount filed by the Original Claimants in Land Acquisition Reference No. 1459 of 2010 (Old LAR No. 373 of 2007).

2.

Learned counsel for acquiring body has no objection if 50% amount is withdrawn by the

ca13832.18 applicants, except Claimant Vyankat s/o Vinayak Gavane.

3.

Therefore, permission is granted to the applicants to withdraw 50% amount of compensation with accrued interest thereon deposited in this Court, subject to filing of the written undertaking within eight weeks, to redeposit the withdrawn amount as and when directed by this Court.

4.

Out of remaining amount, applicants are permitted to withdraw 25% amount, subject to filing of security to the satisfaction of the Registrar (Judicial), within eight weeks from the date of this order.

5.

Remaining 25% amount be invested in fixed deposit in any Nationalized Bank till final hearing of the appeals.

ca13832.18 6.

Compensation amount be paid to the applicants by separate cheques in their respective names, in accordance with their shares in the compensation amount.

7.

In First Appeal (St) No. 31638 of 2017, respondent No. 5 is reported to be dead.

8.

Civil Application Nos. 13832 of 2018 in First Appeal (St) No. 31564 of 2017 and Civil Application No 13831 of 2018 in First Appeal (St) No. 31627 of 2017 only are disposed of.

9.

Appellants to take necessary steps to bring the legal representatives on record of the deceased respondent No. 5.

[SUNIL K.KOTWAL, J.] mahajansb/