Aasaram Bhima Wagh (Died) Thr Lrs ... vs The Ex. Engineer, G.M.I.D.C., ...
2021 Latest Caselaw 14276 Bom

                                                                       973-CA-3528-21.odt




             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                      CIVIL APPLICATION NO. 3528 OF 2021
                                    IN/AND
                        FIRST APPEAL NO. 3585 OF 2019

Asaram Bhima Wagh
(Since deceased) Through L.Rs.
Sonabai Asaram Wagh and Others                          ..APPLICANTS
      VERSUS
The Executive Engineer,
GMIDC, Aurangabad and Others                            ..RESPONDENTS

                                      AND
                      CIVIL APPLICATION NO. 3529 OF 2021
                                    IN/AND
                        FIRST APPEAL NO. 3586 OF 2019

Shivaji Sahebrao Aghav                                  ..APPLICANT
      VERSUS
The Executive Engineer,
GMIDC, Aurangabad and Others                            ..RESPONDENTS

                                     ....
Mr. R.K. Shingnapure, Advocate for applicants
Mr. A.M. Phule, A.G.P. for respondent - State
                                     ....

                                             CORAM : R.G. AVACHAT, J.

DATED : 01st OCTOBER, 2021

PER COURT :

1. Heard. Perused the impugned award.

2. None present for the respondent - acquiring body.

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973-CA-3528-21.odt

3. Learned A.G.P. objects to permit withdrawal of the amount.

4. It appears that the enhancement of compensation made by the

reference Court is not more than four times of the compensation awarded by

the Special Land Acquisition Officer. Interest has rightly been awarded in

terms of Full Bench judgment of this Court. It is also informed that in

connected matters, the acquiring body has not preferred any appeal.

5. In view of same, the applicants are permitted to withdraw the

entire amount in deposit alongwith interest accrued thereon on submitting

usual undertaking to the satisfaction of the Registrar (Judicial) of this Court.

Civil applications stand disposed of accordingly.

6. List first appeals on 13th October, 2021.

( R.G. AVACHAT, J. ) SSD

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