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Bombay High CourtCA/16502/2022disposed off

Shripat Devba Gaikwad v. The Executive Engineer, Minor Irrigation Division, Jalgaon And Another

2022-12-12Hon'Ble Shri Justice Sandipkumar C. More2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 44 CIVIL APPLICATION NO.16498 OF 2022 IN FAST/14968/2020 KAUSHALYABAI GOVINDA PARDESHI

VERSUS

THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, JALGAON AND ANR ...

AND 45 CIVIL APPLICATION NO.16502 OF 2022 IN FAST/14930/2020 SHRIPAT DEVBA GAIKWAD

VERSUS

THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, JALGAON AND ANOTHER ...

46 CIVIL APPLICATION NO.16506 OF 2022 IN FAST/14846/2020 VIKAS RAMCHANDRA GAIKWAD

VERSUS

THE EX. ENGINEER, MINOR IRRIGATION DIVISION, JALGAON AND ANOTHER ...

Advocate for Applicants : Mr.Patil Vijay Bhalerao AGP for Respondents - State : Mr. B.

V.

Virdhe, Mr. S. R.

Yadav - Lonikar Mr. S. N. Kendre Advocate for Respondent N. 1 : Mr. A. D. Pawar ...

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 12.12.2022 PER COURT :

Heard rival submissions. All these applications are filed by the respective applicants for withdrawal of respective amounts of compensation along with the accrued interest thereon. The learned

counsel for the applicants pointed out that in some of the matters arising out of same acquisition, this Court has asked the acquiring body to deposit entire amounts of impugned awards. However, in these matters only 50% of the compensation amounts are deposited. Though the learned counsel for the acquiring body strongly opposed the applications, but considering the fact that the acquiring body has deposited only 50% of the compensation amounts, the same can be allowed to be withdrawn by the applicants herein at this juncture. 2.

As such, the applicants herein are allowed to withdraw their entire respective amounts as deposited by the acquiring body along with the accrued interest thereon on furnishing usual undertaking before the learned Registrar (Judicial ) of this Court. 3.

The applications are accordingly disposed of. (SANDIPKUMAR C. MORE) JUDGE .....

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