Kusumbai Pandit Sirsat (Died) Thr Lrs Pandit And ORS v. The Executive Engineer, Latur Medium Project Division, Latur And ANR

1 Sr2CA8431.2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

CIVIL APPLICATION NO. 8431 OF 2018 IN FIRST APPEAL NO. 182 OF 2013 Sow. Kusumbai W/o Pandit Sirsat (Dead) through L.R's. Pandit S/o Bapurao Sirsat & Ors. ... Applicants

VERSUS

The Executive Engineer & Anr.

... Respondents ..........

Mr Vijay B. Patil h/f Mr M. S. Patil, Advocate for the applicants Mr A. P. Basarkar, AGP for respondent No. 2 .............

CORAM : A. M. DHAVALE, J.

DATE : 27TH JULY, 2018.

PER COURT :- 1.

Agriculture lands situated at Ramwadi, Tq. Renapur, Dist. Latur were acquired under Notification dt. 21.03.1996. The compensation fixed by LAO was on the basis of land revenue. The trial Judge re-fixed it on the basis of sale deeds and Government valuer's report @ Rs. 100000/- per acre + value of trees. 2.

Considering the facts, the application for withdrawal is allowed subject to conditions as follows.

(i) The applicants are permitted to withdraw 75% of the amount deposited on submitting personal undertaking to this Court that, in the event the decision in the present appeals goes against

2 Sr2CA8431.2018 them, they shall redeposit the amount withdrawn and due with interest within one month from the date of the order of the Court. (ii) The applicants are permitted to withdraw remaining 25% amount subject to furnishing solvent security. (iii) It is informed that, the amount is deposited in the Executing Court. Office to communicate this order to the Executing Court.

5.

The Civil Application is, accordingly, stands disposed of. [ A. M. DHAVALE ] JUDGE Punde