Vithoba Rangnath Kangane v. The Ex. Engineer, Minor Irrigation Division, Jalna And ORS

925ca16111.22

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 925 CIVIL APPLICATION NO.16111 OF 2022 w IN FA/569/2019 WITH CA/16114/2022 IN FA/572/2019 w WITH CA/16110/2022 IN FA/573/2019 w WITH CA/16115/2022 IN FA/574/2019 w WITH CA/16112/2022 IN FA/571/2019 w WITH CA/16113/2022 IN FA/570/2019 JAGANNATH VITHOBA KANGANE

VERSUS

THE EX. ENGINEER, MINOR IRRIGATION DIVISION, JALNA AND ORS ...

Advocate for Applicant : Mr.Shirsat Suhas R.

Advocate for Respondent No. 1 : Mr. K.M.Daskhedkar h/f Mr.Ruturaj C. Patil AGP for Respondent Nos. 2 & 3-State : Mr.B.V.Virdhe ...

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 08.12.2022.

PER COURT :

1.

Heard rival submissions.

2.

The respective applicants in all these applications are seeking withdrawal of compensation amounts which have been deposited by the Acquiring Body.

3.

The learned counsel for the applicants pointed out that though there was compromise between the Acquiring Body and the

925ca16111.22 applicants in Lok Adalat dated 13th August, 2022, and the appeals were withdrawn by the Acquiring Body but due to inadvertence it was mentioned in the order that Acquiring Body had deposited 100% amounts of compensation, out of which 50% amounts were withdrawn by these applicants. In fact, the record shows that the Acquiring Body has deposited entire compensation amounts on 06.09.2022 itself. Therefore, since the appeals are already withdrawn, the applicants are entitled for their respective amounts of compensations. As such, all the applicants are permitted to withdraw their entire respective amounts of compensations along with the accrued interest thereon till date. The applications are accordingly disposed of.

4.

The applicants are at liberty to agitate the quantum of compensation, if it is found that the interest amount is not properly paid.

( SANDIPKUMAR C. MORE ) JUDGE mahajansb/