Aaba Haridas Lawate And ORS v. The Executive Engineer, Osmanabad Medium Project Division, Osmananbad

2026:BHC-AUG:4983 ( 1 ) 41 CA 902 OF 2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 41 CIVIL APPLICATION NO. 902 OF 2026 IN FA/145/2026 AABA HARIDAS LAWATE AND ORS

VERSUS

THE EXECUTIVE ENGINEER, OSMANABAD MEDIUM PROJECT DIVISION, OSMANANBAD WITH CIVIL APPLICATION NO. 901 OF 2026 IN FA/144/2026 ABA HARIDAS LAWATE AND ORS

VERSUS

THE EXECUTIVE ENGINEER, OSMANABAD MEDIUM PROJECT DIVISION, OSMANANBAD ...

Mr. D. A. Bide, Advocate for Applicants Mr. N. D. Raje, AGP for Respondent/s-State Mr. Pramod A. Pisal, Advocate for Respondent No.1/Acquiring body ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 03.02.2026 PER COURT :- .

Heard both sides.

2.

Applicants seek withdrawal of amount of Rs.7,57,288/- in Civil Application No.902 of 2026 and Rs.14,69,463/- in Civil Application No.901 of 2026 deposited by the acquiring body in respective First appeals. It is submitted that the Reference Court wrongly discarded the compensation for

( 2 ) 41 CA 902 OF 2026 trees, pipeline, well and structures.

4.

Applications are contested by the respondents. 5.

Ends of justice would be met in permitting the applicants to receive the amounts on certain conditions.

6.

Civil Applications are allowed partly permitting the applicants to receive 75% of the deposited amount with accrued interest on furnishing undertaking to the satisfaction of learned Registrar (Judicial) and remaining 25% of the deposited amount with accrued interest on furnishing solvent surety/security to the satisfaction of learned Registrar (Judicial) of this Court. ( SHAILESH P. BRAHME, J. ) PRW