Vidyabai Wamanrao Patil And Ors vs The Ex. Engineer, Waghur Dam ...
2021 Latest Caselaw 4979 Bom

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                      CIVIL APPLICATION NO.8430 OF 2020
                               IN FA/1704/2020

           VIDYABAI WAMANOTHERAO PATIL AND OTHERS
                              VERSUS
      THE EX. ENGINEER, WAGHUR DM DIVISION, JALGAON AND
                              OTHERS
                                 ...
               Advocate for Applicants : Mr. A. J. Patil
         Advocate for Respondent No. 1 : Mr. S. D. Dhongade
              AGP for Respondent No. 2 : Ms. D. S. Jape
                                 ...

                                           CORAM :        ANIL S. KILOR, J.

                                           DATE     :     18th MARCH, 2021
PER COURT :-


                 This is an application for modification of order passed by

this Court dated 21-08-2020 on Civil Application No. 4838 of 2020,

whereby, permission was granted to the claimants to withdraw the

amount to the extent of 60% of the total amount deposited by

Acquiring Body.



2.               Modification, which is sought by present application, is

that the 3rd Joint Civil Judge, Senior Division, Jalgaon, while

granting compensation has held that, applicant no. 1 is entitled for

50% of the amount of compensation and applicants no. 2 to 7 are

entitled for remaining 50%. Thus, he submits that, amount of 60%

shall be disbursed in the same way as it is held by learned

Reference Court.


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3.               In the back-drop, the modification as sought for is

necessary. Hence, I pass the following order :-

                                ORDER

1. The 60% amount which is permitted to be withdrawn

by applicants vide Order dated 21-08-2020, out of

the same, disbursement shall be made as per

entitlement held by learned Reference Court in its

Judgment and Award dated 26-10-2018 passed in

Land Acquisition Reference No. 1876 of 2005.

2. The Civil Application is allowed and disposed of,

accordingly.

( ANIL S. KILOR ) JUDGE

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