Datatraya Shrirang Mundhe And ORS v. The G.M.I.D.C., Thr The Ex. Engineer, Beed Irrigation Division, Beed And ORS
2024:BHC-AUG:20900 {1} drp
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO. 8089 OF 2024 IN FIRST APPEAL STAMP NO.32677 OF 2018 Dattatray Shrirang Mundhe and Others APPLICANTS
VERSUS
The GMIDC, Through Executive Engineer, Beed Irrigation Division, Beed and Others RESPONDENTS AND CIVIL APPLICATION NO. 8090 OF 2024 IN FIRST APPEAL NO.3231 OF 2019 Jalindar Karbhari Neharkar and Others APPLICANTS
VERSUS
The GMIDC, Through Executive Engineer, Beed Irrigation Division, Beed and Others RESPONDENTS AND CIVIL APPLICATION NO. 8875 OF 2024 IN FIRST APPEAL NO.1813 OF 2019 Saheba Vithal Munde (Died) LRs APPLICANTS
VERSUS
The GMIDC, Through Executive Engineer, Beed Irrigation Division, Beed and Others RESPONDENTS AND CIVIL APPLICATION NO. 8876 OF 2024 IN FIRST APPEAL NO.1812 OF 2019 Anurath Suryabhan Neharkar and Others APPLICANTS
VERSUS
{2} The GMIDC, Through Executive Engineer, Beed Irrigation Division, Beed and Others RESPONDENTS .......
Mr. Ramraje A. Deshmukh, Advocate for the applicants Mr. D. B. Bhange, AGP for respondent - State Mr. Anil M. Gaikwad, Advocate for respondent No.1 .......
[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 6 th SEPTEMBER, 2024 ORDER :
1.
Heard.
2.
These applications are flied by the original claimants for withdrawal of the amount of compensation deposited by the acquiring body.
3.
Learned advocate for the acquiring body has vehemently opposed the applications by relying on the order passed by this Court, by which the claimants from the same acquisition were permitted to withdraw only 25% of the 50% amount deposited by the acquiring body at that time.
4.
Having head learned advocates for the parties and on perusal of record, and considering the reason stated in the applications and the fact that the acquiring body has now deposited the entire amount of compensation, excluding interest, which is directed to be deposited within eight weeks from today,
{3} in the peculiar facts of the present case, without prejudice to the rights and contentions of the parties, at this stage, the applicants - claimants are permitted to withdraw 50% of the amount of compensation along with proportionate interest accrued thereon, on furnishing undertaking to the satisfaction of the Registrar (Judicial).
[NITIN B. SURYAWANSHI] JUDGE drp/ca8089-24.doc