Fulabai Chandrakant Aware v. The Ex. Engineer, Irrigation Project Majbutikaran Division, Omerga And ORS

970-CA-2744-20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2744 OF 2020 IN FIRST APPEAL NO. 1862 OF 2017 Fulabai Chandrakant Aware ..APPLICANT

VERSUS

The Executive Engineer, Irrigation Project, Majbutikaran Division, Omerga and Others ..RESPONDENTS ....

Mr. V.B. Deshmukh, Advocate for applicant Mr. A.M. Gaikwad, Advocate for respondent no.1 Mr. B.V. Virdhe, A.G.P. for respondent nos. 2 and 3 ....

CORAM : R.G. AVACHAT, J.

DATED : 16th JULY, 2021 PER COURT :

1.

Heard.

2.

Learned counsel for the acquiring body has strong objection to grant withdrawal.

3.

Perused the application. The enhancement is of more than ten times of the amount awarded by Special Land Acquisition Officer. For the reasons given in the application, following order is passed :- 1 / 2

970-CA-2744-20.odt

ORDER

(I) Civil application is partly allowed.

(II) The applicants are permitted to withdraw 50% of the deposited amount under award, on furnishing an undertaking to the satisfaction of the Registrar (Judicial) of this Court. (III) The applicants are also permitted to withdraw further 10% of the amount on submitting solvent surety/security/bank guaranty in the like amount.

(IV) Balance 40% amount be invested in fixed deposit in any nationalised bank for the period till disposal of appeal. (V) Civil application stands disposed of accordingly. ( R.G. AVACHAT, J. ) SSD 2 / 2