Bombay High Court
S/P. Bhagwat Adhar Thakur For ... vs The Ex. Engineer, Minor ... on 13 January, 2021
Bench: S.P. Deshmukh, Abhay Ahuja
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO.3390 OF 2020
IN
FIRST APPEAL NO.2506 OF 2019
Ramdas Bajirao Patil (Pawar) ..APPLICANT
VERSUS
The Executive Engineer,
Minor Irrigation Division, (M.I.W.)
Jalgaon & ors. ..RESPONDENTS
AND
CIVIL APPLICATION NO.3391 OF 2020
IN
FIRST APPEAL NO.2508 OF 2019
Narendra Rupsing Pardeshi ..APPLICANT
VERSUS
The Executive Engineer,
Minor Irrigation Division, (M.I.W.)
Jalgaon & ors. ..RESPONDENTS
AND
CIVIL APPLICATION NO.3392 OF 2020
IN
FIRST APPEAL NO.2504 OF 2019
Gulab Natthu Pardeshi ..APPLICANT
VERSUS
The Executive Engineer,
Minor Irrigation Division, (M.I.W.)
Jalgaon & ors. ..RESPONDENTS
AND
CIVIL APPLICATION NO.3393 OF 2020
IN
FIRST APPEAL NO.2503 OF 2019
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Kamanbai Gulab Pardeshi ..APPLICANT
VERSUS
The Executive Engineer,
Minor Irrigation Division, (M.I.W.)
Jalgaon & ors. ..RESPONDENTS
AND
CIVIL APPLICATION NO.3394 OF 2020
IN
FIRST APPEAL NO.2502 OF 2019
Subhash Jaysing Pardeshi (Shira) ...APPLICANT
VERSUS
The Executive Engineer,
Minor Irrigation Division, (M.I.W.)
Jalgaon & ors. ..RESPONDENTS
AND
CIVIL APPLICATION NO.3395 OF 2020
IN
FIRST APPEAL NO.2501 OF 2019
Girdhar Shivram Wagh ...APPLICANT
VERSUS
The Executive Engineer,
Minor Irrigation Division, (M.I.W.)
Jalgaon & ors. ..RESPONDENTS
AND
CIVIL APPLICATION NO.3396 OF 2020
IN
FIRST APPEAL NO.2500 OF 2019
Bhagwat Adhar Thakur & ors. ...APPLICANTS
VERSUS
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The Executive Engineer,
Minor Irrigation Division, (M.I.W.)
Jalgaon & ors. ..RESPONDENTS
AND
CIVIL APPLICATION NO.3397 OF 2020
IN
FIRST APPEAL NO.2499 OF 2019
S/P. Bhagwat Adhar Thakur ...APPLICANT
For Rajendra Adhar Thakur
VERSUS
The Executive Engineer,
Minor Irrigation Division, (M.I.W.)
Jalgaon & ors. ..RESPONDENTS
AND
CIVIL APPLICATION NO.3398 OF 2020
IN
FIRST APPEAL NO.2498 OF 2019
S/P. Bhagwat Adhar Thakur ...APPLICANT
For Jyoti Bhagwat Thakur
VERSUS
The Executive Engineer,
Minor Irrigation Division, (M.I.W.)
Jalgaon & ors. ..RESPONDENTS
AND
CIVIL APPLICATION NO.3399 OF 2020
IN
FIRST APPEAL NO.2509 OF 2019
Vasant Hiraman Patil & anr. ...APPLICANTS
VERSUS
The Executive Engineer,
Minor Irrigation Division, (M.I.W.)
Jalgaon & ors. ..RESPONDENTS
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AND
CIVIL APPLICATION NO.3400 OF 2020
IN
FIRST APPEAL NO.2505 OF 2019
Padamsing Harsing Shira & ors. ...APPLICANTS
VERSUS
The Executive Engineer,
Minor Irrigation Division, (M.I.W.)
Jalgaon & ors. ..RESPONDENTS
AND
CIVIL APPLICATION NO.7965 OF 2020
IN
FIRST APPEAL NO.2507 OF 2019
Hilal Sandu Thakur (Dead),
through L.Rs.
Sushilabai Hilal Thakur & ors. ...APPLICANTS
VERSUS
The Executive Engineer,
Minor Irrigation Division, (M.I.W.)
Jalgaon & ors. ..RESPONDENTS
Mr Vijay B. Patil, Advocate for applicants;
Mr S.S. Chillarge, Advocate for respondent no.1;
Mr S.S. Dande, A.G.P. for respondents no.2 & 3
CORAM : SUNIL P. DESHMUKH
AND
ABHAY AHUJA, JJ.
DATE : 13-01-2021
PER COURT :
1. These are applications for withdrawal of amount deposited
by the acquiring body in this court.
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2. While compensation @ Rs.16,00,000/- per Acre had been
demanded, reference court had granted compensation to the
extent of Rs.5,40,000/- per Acre.
3. Acquiring body is before this court in frst appeal
challenging aforesaid award by the reference court.
4. This court, under an order on applications for stay to
award, had directed the acquiring body to deposit entire award
amount. Acquiring body has deposited only a partial amount,
which is claimed not even to be half of the award amount. For
withdrawal of said amount, these applications have been moved.
5. Learned advocate appearing for the acquiring body
purports to point out that in the group of civil applications
bearing No.12614 of 2019 and others, the acquiring body could
deposit only 25% of the awarded amount. In the present group
of civil applications, however, the amount deposited would be
close to 40% of the awarded amount. He further purports to
reiterate his submissions resisting the withdrawal and also
purports to draw attention to certain observations in the
reference court judgment as well as judgment of supreme court,
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which according to him refects upon the approach of the court in
the circumstances.
6. However, it appears that acquiring body has not deposited
as yet the entire amount as directed and only partial deposit is
there, we deem it appropriate to let the claimants withdraw 50%
from the deposited amount on the following conditions :
7. Applicants are permitted to withdraw 50% of the amount
presently deposited in this court on furnishing undertaking in this
court to the efect that in case frst appeals are decided against
their interest, they would deposit back the amounts so
withdrawn as would be required pursuant to decision in frst
appeals within a period of eight weeks from the date of such
decision. 25% amount from the amount presently deposited be
allowed to be withdrawn by the applicants on furnishing solvent
surety / security to the satisfaction of the Registrar (Judicial).
Balance 25% of the amount deposited by the acquiring body be
invested in a fxed deposit in any nationalized bank.
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7. Learned Counsel for the acquiring body states that paper-
books would be prepared.
(ABHAY AHUJA) (SUNIL P. DESHMUKH)
JUDGE JUDGE
amj
