Sukhdev Bajirao Tayde (Died) Thr ... vs The Exe. Engineer, Minor ...
2022 Latest Caselaw 8758 Bom

                                     {1}                      33-CA-12238-2022


      IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                 BENCH AT AURANGABAD

              CIVIL APPLICATION NO. 12238 OF 2022
               IN FIRST APPEAL NO. 1243 OF 2018
               WITH CA/12155/2022 IN FA/676/2018
               WITH CA/12154/2022 IN FA/678/2018

          PANDURANG DASHRATH TAYDE AND OTHERS
                         VERSUS
     THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION
              NO.1 AURANGABAD AND ANOTHER

                                  ...
               Advocate for Applicants : Mr. A.M. Hajare
            Advocate for Respondent No.1 : Mr. B.R. Surwase
               AGP for Respondent No.2 : Mr. A.B. Chate
                                  ....

                                 CORAM : S.G. DIGE, J.
                                 DATE : 5th September, 2022

 ORDER :

. Heard learned Counsel for applicants, learned

Counsel for respondent No.1 and learned A.G.P. for

respondent No.2.

2. The learned Counsel for the applicants submits that,

the award amount is deposited by the respondent No.1

before the Reference Court. The said amount is deposited

by the respondent No.1 after nine (09) years of passing of

Pooja K.

{2} 33-CA-12238-2022

the judgment and award. The learned Counsel for the

applicants submits that, Reference Court has enhanced

compensation. It is challenged by respondent No.1.

Applicants are poor farmers, they need amount for their

daily expenses. Hence, requested to allow the application.

3. The learned Counsel for the respondent No.1

submits that, respondent No.1 disputes the interest given

on the amount. If the applicants permitted to withdraw

the amount and if respondent No.1 succeeds in this

appeal then it would cause complexity.

4. I have heard all learned Counsel. The Reference

Court has passed the judgment and order in the year

2013 directing respondent No.1 to give compensation to

the applicants. After passing the said judgment and order,

the respondents have taken 9 years time to deposit the

said amount before the Reference Court. The Reference

Court has granted enhanced compensation to the

applicants. Respondent No.1 is disputing the interest on

the given amount. Applicants are poor farmers, they need

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{3} 33-CA-12238-2022

amount for their daily expenses hence, I pass the

following order :-

ORDER

i) The Civil Applications are allowed.

ii) The applicants are permitted to withdraw 75%

amount out of deposited amount with usual

undertaking before the Reference Court i.e.

Civil Judge, Senior Division, Vaijapur.

iii) Civil Applications are disposed of accordingly.

[S.G. DIGE, J.]

Pooja K.