Baliram Tulsiram Mane v. The Dy. Chief Engineer (Construction) C.R. Pune And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 16 CIVIL APPLICATION NO. 14408 OF 2018 IN FAST/15445/2017 BALIRAM TULSIRAM MANE AND ORS

VERSUS

THE DY. CHIEF ENGINEER (CONSTRUCTION) C.R. PUNE AND ORS ...

Advocate for Applicant : Mr. S.V.Gundre Advocate for Respondent no.1 : Navandar Manish N. AGP for Respondents 2 and 3 : Mr. S.N.Morampalle .....

CORAM : SUNIL K. KOTWAL, J.

DATE : DECEMBER 03, 2018 O R D E R :

Heard learned counsel for the applicant, who is original claimant and learned counsel for respondent acquiring body.

Perused the impugned judgment. After going through the judgment, it emerges that though agricultural land was acquired, compensation awarded is on square feet basis after considering the judgment passed in L.A.R. No. 172 of 2001. At this stage, it is not proper to express my opinion on merits of the matter. However, I feel it proper to allow the

ca14408.18 applicant to withdraw 50 per cent amount of the compensation deposited in this appeal, subject to filing of written undertaking within a period of 12 weeks from the date of passing of this order to deposit the withdrawn amount as and when directed by this Court. Out of the remaining amount, 25 per cent amount be withdrawn by furnishing solvent security for the said amount. Remaining 25 per cent amount be invested in the fixed deposit in any Nationalized Bank till final disposal of the appeal.

The Registrar (Judicial) to act accordingly.

Civil Application is disposed of.

[SUNIL K. KOTWAL, J.] dbm