Kandan Suryabhan Samudre v. The Executive Engineer Osmanabad Medium Project Osmanabad And ORS

918ca3076.25

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD] 918 CIVIL APPLICATION NO. 3076 OF 2025 IN FAST/29211/2024 KANDAN SURYABHAN SAMUDRE

VERSUS

THE EXECUTIVE ENGINEER OSMANABAD MEDIUM PROJECT OSMANABAD AND ORS ...

Advocate for Applicant : Mr. Prasanna Shankarrao Chavan Advocate for Respondent No. 1 : Mr. Nikhil Shripad Tekale AGP for Respondent Nos. 2 & 3/State : Mr. V.S.Badakh ...

CORAM : S. G. CHAPALGAONKAR, J.

Dated : 28.03.2025 PER COURT :- 1.

Heard learned Advocate appearing for respective parties. 2.

Applicant lost his house property in compulsory land Acquisition. Land Acquisition Officer has determined compensation of Rs. 12,700/- for the suit house, which has been enhanced to Rs. 1,98,875/- by reference Court. 3.

Mr. Prasanna Chavan, learned Advocate appearing for applicant submits that Acquiring Body has filed appeal against sister claim in respect of house properties and settled maters in Lok Adalat. There is no reason for continuation of present appeal.

4.

Mr. Nikhil Tekale, learned Advocate appearing for respondent No. 1 submits that present appeal may be referred Lok Adalat. 5.

Considering submissions advanced, it would be appropriate to allow application. Hence following order is passed :

ORDER

(i) The Civil Application is partly allowed.

(ii) Applicant is permitted to withdraw 75% of compensation amount with accrued interest by furnishing

918ca3076.25 usual undertaking to satisfaction of Registrar, (Judicial) of this Court that in case an adverse order is passed in appeal applicant shall re-deposit amount.

(iii) Balance 25% amount is permitted to be withdrawn on furnishing solvent surety/security to the satisfaction of Registrar, (Judicial) of this Court.

(iv) After releasing amount post the appeal for consideration before ensuing Lok Adalat as consented by both parties.

(v) Parties are undertaken that they shall remain present before ensuing Lok Adalat.

( S. G. CHAPALGAONKAR ) JUDGE mahajansb/