Dnyandev Bhagwan Pawar v. The Executive Engineer Minor Irrigation Division And ORS

2025:BHC-AUG:13186 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 953 CIVIL APPLICATION NO. 5027 OF 2025 IN FA/3281/2023 DNYANDEV BHAGWAN PAWAR

VERSUS

THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION AND OTHERS WITH CIVIL APPLICATION NO. 3806 OF 2023 IN FA/3281/2023 THE EX. ENGINEER MINOR IRRIGATION DIV. THROUGH G.M.I.D.C., AURANGABAD

VERSUS

DNYANDEV BHAGWAN PAWAR AND OTHERS Mr.Sujit Patil, Advocate for the applicant .

MS.V.S.Swami h/f Mr.M.C.Swani, Advocate for respondent No.1 / Acquiring Body.

Ms.M.L.Sangit, AGP for respondent Nos. 2 and 3. ( CORAM : PRAFULLA S. KHUBALKAR, J. ) DATE : MAY 2, 2025 PER COURT :

1.

This is an application for withdrawal of amount deposited by the acquiring body. The learned Advocate for the non applicant / acquiring body states that the rates at which the compensation is awarded, is not in dispute and the dispute is restricted about the interest awarded under the Land Acquisition Act. khs/May 2025/5027

- 2 - 2.

The learned Advocate for the claimants submits that in identical matters arising from the same project, this Court has allowed the application for withdrawal of the amount by order dated 04.04.2025 in CA No.3491/2025 in First Appeal No.3282/2023 and requests for grant of similar order.

3.

In this case, the total amount deposited by the acquiring body is Rs.2,08,806/-. In that view of the matter, I am inclined to permit the applicant / land owner to withdraw an amount of Rs.2,00,000/- from the total amount deposited by the acquiring body in this Court. Civil Application No.5027/2025 is disposed of. CIVIL APPLICATION NO.3806 OF 2023 4.

Heard the learned Advocate for the applicant. In view of the fact that the Acquiring Body has deposited the entire amount pursuant to order dated 24.03.2023, it will be in the interest of justice that the execution of the impugned judgment and award be stayed till the final disposal of the appeal. Civil application is allowed and disposed of.

( PRAFULLA S. KHUBALKAR, J.) khs/May 2025/5027