Walha Bapu Tambe (Died) Thr Lrs Prakash Walha @ Walmik Tambe v. The S.L.A.O. Sub Div. Officer, Div. And ORS

1 916-CA-7764-2021 & Ors.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 916 CIVIL APPLICATION NO.7764 OF 2021 IN FA/1430/2021 MULAJI KESHAV PATEL AND ORS

VERSUS

EXECUTIVE ENGINEER, MAHARASHTRA INDUSTRIAL DEV. CO., JALGAON AND OTHERS ...

Advocate for Applicants : Mr A.B. Kale Advocate for Respondent No. 1 : Ms Ashwini R. Mate i/by Jay and Company AGP for Respondent Nos. 2 and 3 /State : Mr N.T.Bhagat AND 924 CIVIL APPLICATION NO.1167 OF 2022 IN FA/649/2020 WALHA BAPU TAMBE (DIED) THR LRS PRAKASH WALHA @ WALMIK TAMBE

VERSUS

THE S.L.A.O. SUB DIV. OFFICER, DIV. AND ORS ...

Advocate for Applicant : Mr A.B. Kale AGP for Respondent No.1 /State : Mr A.B. Chate Advocate for Respondent No. 3 : Ms Ashwini R. Mate i/by Jay and Company AND 927 CIVIL APPLICATION NO.1997 OF 2022 IN FAST/17441/2019 NATTHU GANPAT CHAUDHARI (DIED) THR LRS ANNA @ YASHWANT (DIED) THR LRS KALABAI AND ORS

VERSUS

THE STATE OF MAHARASHTRA THR COLLECTOR, JALGAON AND ORS ...

Advocate for Applicants : Mr A.B. Kale AGP for Respondent Nos. 1 and 2 : Mr S.N. Morampalle Advocate for Respondent No. 3 : Ms Ashwini R. Mate i/by Jay and Company

2 916-CA-7764-2021 & Ors. AND 941 CIVIL APPLICATION NO.1176 OF 2022 IN FA/644/2020 BHANUDAS VANJI @ VANA JAGTAP (DIED) THR LRS MALUBAI AND ORS

VERSUS

THE BRANCH MANAGER, MIDC, JALGAON AND ORS.

...

Advocate for Applicants : Mr A.B. Kale Advocate for Respondent No. 1 : Ms Ashwini R. Mate i/by Jay and Company AGP for Respondent Nos. 2 and 3 : Mr N.T. Bhagat AND 942 CIVIL APPLICATION NO.1072 OF 2022 IN FAST/16877/2019 RAJENDRA CHIMAN KOLHE (DIED) THR LRS PRATIBHA AND ORS

VERSUS

THE STAE OF MAHARASHTRA THROUGH COLLECTOR, JALGAON AND ORS.

...

Advocate for Applicants : Mr A.B. Kale AGP for Respondent Nos. 1 and 2 : Mr S.N. Morampalle Advocate for Respondent No. 3 : Ms Ashwini R. Mate i/by Jay and Company CORAM : SHRIKANT D. KULKARNI, J.

DATE : 22nd APRIL, 2022 PER COURT :

1.

These are the applications for withdrawal of compensation amount moved by the respective applicants/claimants. 2.

Heard Mr A.B. Kale, learned counsel for the applicants/claimants and Ms Ashwini R. Mate, learned counsel instructed by Jay and Company for the acquiring body and the learned AGPs in respective applications for the State.

3 916-CA-7764-2021 & Ors. 3.

Mr A.B. Kale, learned counsel for the applicants seeks leave to place on record copy of order passed by this Court in Civil Application No.1996/2022 in First Appeal Stamp No.40772/2019. Leave granted. 4.

The copy of order is taken on record and marked 'X' for identification. He submitted that these applications are arising out of same project and group. He seeks similar order for withdrawal of amount. 5.

Ms Ashwini R. Mate, learned counsel for the acquiring body fairly conceded the position of passing of earlier order by this Court referred above arising out of same project and notification. 6.

The learned AGPs in respective applications for the State also fairly conceded this position.

7.

I do not see any reason to take any different view. By taking the same view, I proceed to pass the following order :-

ORDER

(i) The applications are hereby allowed.

(ii) The applicants/original claimants are permitted to withdraw 50% of the amount of compensation on furnishing usual undertaking with the Registrar (Judicial) of this Court.

(iii) The civil applications are accordingly disposed of. ( SHRIKANT D. KULKARNI, J.) mta