Subhash Vasudev Xete Tilve And ANR., v. The Executive Engineer, Works Division Xviii, P.W.D, Ponda.,

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 726 OF 2018 IN FIRST APPEAL NO. 62 OF 2012 SAKHARAM VASUDEV SINAI USGAONKAR (DEC) THR. LRS., ... Applicant

Versus

THE EXECUTIVE ENGINEER, P.W.D, WORKS DIVISION XVIII, P.W.D, PONDA., ... Respondent WITH MISC.CIVIL APPLICATION NO. 727 OF 2018 IN FIRST APPEAL NO. 63 OF 2012 DR. PRAKASH B. S. USGAONKAR AND 9 ORS., ... Applicants

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THE EXECUTIVE ENGINEER, WORKS DIVISION XVIII, P.W.D, PONDA-GOA .... Respondent WITH MISC.CIVIL APPLICATION NO. 728 OF 2018 IN FIRST APPEAL NO. 64 OF 2012 SIURAM SINAI USGAONKAR (DECEASED) THROUGH HIS LRS. AND 2 ORS., ... Applicants

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THE EXECUTIVE ENGINEER, WORKS DIVISION XVII, P.W.D, PONDA., ... Respondent

WITH MISC.CIVIL APPLICATION NO. 729 OF 2018 IN FIRST APPEAL NO. 65 OF 2012 PRABHAKAR KRISHNA SINAI USGAONKAR (DEC) THR. HIS LRS. ... Applicant

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THE EXECUTIVE ENGINEER, WORKS DIVISION XVIII, P.W.D, PONDA., ... Respondent WITH MISC.CIVIL APPLICATION NO. 730 OF 2018 IN FIRST APPEAL NO. 66 OF 2012 SUBHASH VASUDEV XETE TILVE AND ANR., ... Applicants

Versus

THE EXECUTIVE ENGINEER, WORKS DIVISION XVIII, P.W.D, PONDA., ... Respondent Mr. Kissan Padgaonkar, Advocate for the Applicants. Mr. Rajesh Shivolkar, Addl. Government Advocate for the Respondents. Coram:- C. V. BHADANG, J.

Date:- 19th October 2018.

P.C.:

These are applications for withdrawal of the amount deposited by the State before this Court.

2.

The appeal filed by the State along with Cross objections/Counter appeals filed by the claimants have been disposed off by this Court by a common judgment and order dated 6/7/2018 allowing the appeals filed by the

original claimants and dismissing the appeals filed on behalf of the acquiring body/State and the original applicants/claimants have been held to be entitled to the enhanced compensation at the rate of Rs.515/- per sq.mt. in respect of the acquired land with all the statutory benefits. 3.

One of the claimants, Mr. Sanjay S. S. Usgaonkar, has filed an affidavit stating that he has not received any notice/summons of any petition challenging further the order passed at the instance of the State. 4.

Shri Shivolkar, the learned Additional Government Advocate also states that the State has not challenged the judgment and order passed by this Court on 6/7/2018 and the appeal period is over. 5.

The learned Additional Government Advocate has not objection for allowing the withdrawal of the amount. In that view of the matter, the applications are allowed as prayed.

6.

The applicants/decree holders are allowed to withdraw the amounts deposited before this Court along with interest, if any. C. V. BHADANG, J.

ap/-