Rangnath Govind Ghogare Died Through Lrs v. The Executive Engineer And ORS

2025:BHC-AUG:6614 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 903 CIVIL APPLICATION NO. 819 OF 2025 IN FAST/25794/2024 AND CIVIL APPLICATION NO. 10355 OF 2024 IN FAST/25788/2024 AND CIVIL APPLICATION NO. 10356 OF 2024 IN FAST/25788/2024 AND CIVIL APPLICATION NO. 10359 OF 2024 IN FAST/25791/2024 AND CIVIL APPLICATION NO. 10360 OF 2024 IN FAST/25791/2024 AND CIVIL APPLICATION NO. 10357 OF 2024 IN FAST/25794/2024 AND CIVIL APPLICATION NO. 10358 OF 2024 IN FAST/25794/2024 AND CIVIL APPLICATION NO. 10361 OF 2024 IN FAST/25798/2024 AND CIVIL APPLICATION NO. 10362 OF 2024 IN FAST/25798/2024 AND CIVIL APPLICATION NO. 820 OF 2025 IN FAST/25798/2024

(2) AND CIVIL APPLICATION NO. 818 OF 2025 IN FAST/25788/2024 AND CIVIL APPLICATION NO. 821 OF 2025 IN FAST/25791/2024 KISAN GORAKH GHOGRE ....Applicant

VERSUS

THE EXECUTIVE ENGINEER AND ORS .....Respondent Mr. V. S. Undre, Advocate for the applicant (Through VC) Mr. S. G. Bhalerao, Advocate for the respondent No.1 (Through VC) Mr. K. B. Jadhavar, AGP for the respondents/State CORAM : KISHORE C. SANT, J.

DATE : 05th MARCH, 2025 P. C.

1.

The learned advocate for the applicant submits that this court by order dated 26-09-2024 has passed the order granting stay to the judgment and order impugned in the first appeal on condition to deposit 50% of the amount of compensation alongwith interest as per award within eight weeks. He further relies upon the order passed by this court

(3) dated 14-09-2022 in CA/12957/2022 in FAST/23436/2022 wherein this court had directed the appellants to deposit the entire amount of award within twelve weeks. He submits that said appeals arises out of the same acquisition proceedings for the same project. He submits that it would be appropriate to modify the order.

2.

The learned advocate for respondent No.1 opposed the applications. He submits that there are also orders wherein direction is issued only to deposit 50% of the amount. In any case where 100% amount is deposited, this court has permitted the claimants to withdraw only 75% of the amount. 3.

Considering the above, this court finds that interest of justice can be met by directing the acquiring body to deposit 75% of the amount alongwith interest as per award. 4.

The respondent is directed to deposit further amount to make total 75% of the total amount alongwith interest within

(4) twelve weeks.

5.

With this, applications stand partly allowed and disposed off.

[KISHORE C. SANT, J.] VishalK/903ca819.25