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Bombay High CourtCA/4152/2022disposed off

The M.K.V.D.C. Thr The Ex. Engineer, Irrigation Project Strengthening, Div. Osmanabad And ORS v. Bhimrao Shrimant Pawar

2023-04-24Hon'Ble Shri Justice Sandipkumar C. More4 pages

1 68, 69,70 & 73 ca 4695-23+

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 68 CIVIL APPLICATION NO.4695 OF 2023 IN FAST/6895/2021 WITH CA/7210/2021 IN FAST/6895/2021 WITH CA/7211/2021 IN FAST/6895/2021 WITH CA/7214/2021 IN FAST/7015/2021 WITH CA/7215/2021 IN FAST/7015/2021 WITH CA/7212/2021 IN FAST/7022/2021 WITH CA/7213/2021 IN FAST/7022/2021 WITH CA/4697/2023 IN FAST/7022/2021 WITH CA/4696/2023 IN FAST/7015/2021 PARASNATH DEORAO PAWAR (DIED) THR LRS JIABAI AND ORS

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS COLLECTOR, OSMANABAD AND ORS ...

Advocate for Applicants : Mr. A. S. More AGP for Respondent-State : Mr. S. S. Dande Advocate for Respondent No.2 : Mr. M. S. Kulkarni ...

AND 69 CIVIL APPLICATION NO.4700 OF 2023 IN FA/990/2022 WITH CA/4701/2023 IN FA/992/2022 WITH CA/4699/2023 IN FA/989/2022 WITH CA/4698/2023 IN FA/991/2022 WITH CA/4152/2022 IN FA/989/2022 WITH CA/4159/2022 IN FA/992/2022 WITH CA/4157/2022 IN FA/990/2022 WITH CA/4155/2022 IN FA/991/2022 NAGARBAI MAHADEO PAWAR

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR, OSMANABADAND OTHERS ...

Advocate for Applicants : Mr. A. S. More AGP for Respondent-State : Mr. S. N. Kendre Advocate for Respondent No.3 : Mr. A. M. Gaikwad ...

AND 70 CIVIL APPLICATION NO.4737 OF 2023 IN FA/936/2022 WITH CA/4744/2023 IN FA/931/2022 WITH CA/4742/2023 IN FA/932/2022 WITH CA/4741/2023 IN FA/935/2022 WITH CA/4738/2023 IN FA/937/2022 WITH CA/4740/2023 IN FA/934/2022 WITH CA/4752/2022 IN

2 68, 69,70 & 73 ca 4695-23+ FA/931/2022 WITH CA/4758/2022 IN FA/936/2022 WITH CA/4756/2022 IN FA/937/2022 WITH CA/4764/2022 IN FA/935/2022 WITH CA/4760/2022 IN FA/934/2022 WITH CA/4762/2022 IN FA/933/2022 WITH CA/4766/2022 IN FA/932/2022 RAHUNATH KHAITRI BHILLARE

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR, OSMANABADAND OTHERS ...

Advocate for Applicants : Mr. A. S. More AGP for Respondent-State : Mr. S. S. Dande Advocate for Respondent No.3 : Mr. A. M. Patil ....

AND 73 CIVIL APPLICATION NO.5288 OF 2023 IN FA/2799/2022 WITH CA/8727/2022 IN FA/2797/2022 WITH CA/8729/2022 IN FA/2798/2022 WITH CA/8731/2022 IN FA/2799/2022 WITH CA/5290/2023 IN FA/2797/2022 WITH CA/5289/2023 IN FA/2798/2022 BHAGWAN S/O NAVNATH PAWAR AND ANR

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR, OSMANABADAND ORS ...

Advocate for Applicants : Mr. A. S. More AGP for Respondent-State : Mr. S. S. Dande Advocate for Respondent No.3 : Mr. A. M. Gaikwad ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 24/04/2023.

P. C. :

A) ORDER IN CIVIL APPLICATIONS FOR WITHDRAWAL OF AMOUNT :

1.

Heard rival submissions.

2.

The respective applicants in all these matters are seeking withdrawal of the entire deposited amount of compensation. The

3 68, 69,70 & 73 ca 4695-23+ acquiring body in some of the matters have deposited 75% and in some of the matters 60% of the entire amounts of compensation. 3.

The learned counsel for the applicants placed on record copy of order dated 15/02/2023, whereby this court in other connected matters, has granted withdrawal of 60% of the entire compensation amounts alongwith the interest to the applicants therein. As such, the applicants herein are permitted to withdraw 60% of the entire amounts of compensation in all these matters alongwith the proportionate interest accrued thereon till date on usual undertaking to the satisfaction of the Registrar (Judicial) of this court.

4.

The remaining amounts wherever applicable be kept in FDR in any nationalized Bank on yearly renewal basis till fnal disposal of these appeals.

5.

The civil applications are accordingly disposed of. B) ORDER IN CIVIL APPLICATIONS FOR STAY :

Since the appellant - acquiring body in all these applications has deposited the amounts as directed by this court, the applications are made in terms of prayer clause-A and disposed of. C) ORDER IN CIVIL APPLICATIONS FOR DELAY CONDONATION:

1.

The appellant - acquiring body in all these applications is seeking condonation of delay periods as mentioned therein, which appear to be caused due to obtaining sanctions at various stages. There is no strong objection from other side and therefore the delay periods stand condoned.

4 68, 69,70 & 73 ca 4695-23+ 2.

The appeals be placed for admission after removal of offce objections, if any.

3.

Applications are accordingly disposed of.

( SANDIPKUMAR C. MORE, J. ) VS Maind/-