The Executive Engineer, Minor Irrigation Division Osmanabad v. Subabai Bhagwan Kale And Others

2026:BHC-AUG:9718 39 CA 670 26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 39 CIVIL APPLICATION NO. 670 OF 2026 IN FA/490/2026 WITH CIVIL APPLICATION NO. 7283 OF 2024 IN FA/490/2026 SUBABAI BHAGWAN KALE DIED THROUGH HER LEGAL REPRESENTATIVES RAMA BHAGWAN KALE

VERSUS

THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION ...

Advocate for Applicant : Mr. Manoj Dharmaraj Shinde Advocate for Respondent No. 1 : Mr. N.D. Raje ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 06.03.2026 PER COURT :

Heard both sides.

2.

The applicants seek to withdraw amount of Rs. 9,68,846/- deposited by the respondent-Acquiring Body.

3.

It is submitted by learned counsel Mr. Shinde that for fruit bearing trees compensation to the extent of 20% of the valuation by private valuer has been granted which is inadequate. As against that learned counsel Mr. Swami for respondent no. 1 submits that enhancement is more than seven times.

4.

I find that in the given facts and circumstances, it would be appropriate to withhold 20% of the amount deposited by the Acquiring Body.

5.

Civil Application is allowed partly permitting the applicants to receive 1/2

39 CA 670 26.odt 80% of the deposited amount with accrued interest on furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court. Balance amount shall be invested in any nationalized bank. FIRST APPEAL :

6.

Admit. Learned counsel Mr. Shinde wives service for respondent/ Claimant. Learned A.G.P. waives service for respondent nos. 2 and 3. 7.

Call for record and proceedings.

8.

Print is dispensed with.

CIVIL APPLICATION FOR STAY 9.

As the entire amount has been deposited by the Acquiring Body, interim relief granted earlier shall stand confirmed. 10.

Civil Application is disposed of.

( SHAILESH P. BRAHME, J.) mkd/- 2/2