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Bombay High CourtCA/13436/2017disposed offdismissed for default

Nagesh Kanhyalal Bhutada v. The Executive Engineer, Latur Minor Irrigation Division, Latur Under Gmidc Aurangabad And Others

2017-12-19Hon'Ble Shri Justice K.L. Wadane2 pages

916.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 916 CIVIL APPLICATION NO. 13436 OF 2017 IN FA/2178/2015 NAGESH KANHYALAL BHUTADA

VERSUS

THE EXECUTIVE ENGINEER, LATUR MINOR IRRIGATION DIVISION, LATUR UNDER GMIDC AURANGABAD AND ANR WITH 917 CIVIL APPLICATION NO. 13437 OF 2017 IN FA/2187/2015 LILABAI JAGANNATH BAHETI

VERSUS

THE EXECUTIVE ENGINEER, LATUR MINOR IRRIGATION DIVISION, LATUR UNDER GMIDC AURANGABAD AND ANR WITH 918 CIVIL APPLICATION NO. 13442 OF 2017 IN FA/2172/2015 RADHYESHAM JAGANNATH BAHETI

VERSUS

THE EXECUTIVE ENGINEER, LATUR MINOR IRRIGATION DIVISION, LATUR UNDER GMIDC AURANGABAD AND ANR ...

Advocate for Applicants : Mr. Kale Ajeet B.

AGP for Respondent No.2: Mr. B. A. Shinde Advocate for Respondent No.1 : Mr. B. R. Surwase

CORAM

: K. L. WADANE, J.

DATE :

19th December, 2017 ORDER:

1.

Heard Mr. Kale, the learned counsel for the applicants, who submits that in another group of land acquisition references, the Acquiring Body has deposited the amount of compensation in Reference Court and almost all claimants were allowed to withdraw the amount of compensation, that too 100% without any condition. The learned counsel appearing for the 1/2

916.odt Acquiring Body submits that the officer of the Acquiring Body has deposited the amount in the Reference Court inspite of the directions of this Court to deposit such amount in this Court.

2.

Anyhow, the amount of compensation is deposited with the Reference Court. The applicant can be permitted to withdraw the same on certain conditions. 3.

The applicants are permitted to withdraw the amount of compensation deposited before the Reference Court alongwith with interest accrued thereon on furnishing undertaking that in the event the appeals are allowed, then they shall re-deposit the said amount within a period of 12 weeks from the date of order.

4.

Civil applications are accordingly disposed of. (K. L. WADANE, J.) JPC 2/2