Damu Shahadu Chaudhari And Ors vs Executive Engineer, Maharashtra ...
2022 Latest Caselaw 6290 Bom

                                            1


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    BENCH AT AURANGABAD

                       924 CIVIL APPLICATION NO.2968 OF 2021
                                   IN FA/422/2020

                DAMU SHAHADU CHAUDHARI AND OTHERS
                                 VERSUS
           EXECUTIVE ENGINEER, MAHARASHTRA INDUSTRIAL DEV.
               CORPORATION, M.I.D.C. JALGAON AND OTHERS
                                     ...
                 Advocate for Applicants : Mr. Y. R. Neb h/f.
                                           Mr. A B Kale
            Advocate for Respondent No.1 : Mr. S. S. Dande
            AGP for Respondents - State : Mr. P. M. Kulkarni
                                 ...

                                   CORAM : S. G. DIGE, J.

                                   DATE     : 05.07.2022

PER COURT :

.         Heard learned counsel for applicants, learned AGP for

respondents-State and learned counsel for respondent No.1.

2. Learned counsel for applicants submits that the

Reference Court has awarded the amount in favour of

applicants. Respondent No.1 has challenged the said

judgment and award passed by Reference Court before this

Court and has deposited the entire amount before this Court.

The applicants are poor agriculturists and they have no other

source of income. They are in need of money for their

survival. Valuable property of the applicants is acquired under

compulsory acquisition but the applicants have not received

the adequate compensation for the same. Hence, applicant

be permitted to withdraw the amount deposited by

respondent No.1.

3. Considering the submissions of learned counsel for all

the parties as well as the reasons mentioned in the

application, I am of the view that applicants are poor

agriculturists. They required money for their daily expenses.

The Reference Court has awarded compensation to the

applicants. Hence, applicants can be permitted to withdraw

the 50% amount out of the deposited amount. Hence

application is allowed. Applicants are permitted to withdraw

50 % amount out of the entire deposited amount by furnishing

undertaking.

4. Civil Application is disposed of accordingly.

(S. G. DIGE) JUDGE .....

shp/-