Bhausaheb Sandipan Sonne And Anr vs The Ex. Engineer, Lift Irrigation Div. ...
2024 Latest Caselaw 1624 Bom

Bombay High Court

Bhausaheb Sandipan Sonne And Anr vs The Ex. Engineer, Lift Irrigation Div. ... on 19 January, 2024

2024:BHC-AUG:1655
                                               1                     33-CA-9831-23.odt




                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                              CIVIL APPLICATION NO. 9831 OF 2023
                                       IN FAST/29986/2021

                1.   Bhausaheb s/o. Sandipan Sonne,
                2.   Raosaheb s/o. Sandipan Sonne
                     Both r/o. Pimpalgaon (K), Tq. Washi,
                     District Osmanabad                          ..   Applicants
                             Versus
                1.   The Executive Engineer,
                     Lift Irrigation Division, Osmanabad
                2.   The State of Maharashtra
                     through Collector, Osmanabad
                3.   Special Land Acquisition Officer,
                     Medium Project No.2, Dist. Osmanabad ..          Respondents
                                                  ...
                     Advocate for Applicants : Mr. Rahul P. Cheble holding for
                                                Mr. Shailendra S. Gangakhedkar
                   Advocate for Respondent No.1/Appellant : Mr. Shyam C. Arora
                AGP for Respondents No.2 and 3 /State : Mr. R. R. Tandale (Choure)
                                                  ..

                                                   CORAM : S. G. MEHARE, J.

                                                   DATE    : 19-01-2024
                PER COURT :-

1. Heard the learned counsel for the applicants, the learned

counsel for respondent No.1/acquiring body and learned A.G.P. for

respondents No.2 and 3.

2. The applicants are seeking withdrawal of entire amount of

compensation deposited by the appellant/acquiring body.

3. In the similar applications, this Court has allowed the

applicants/claimants to withdraw 50% of the amount deposited

with accrued interest. Hence, the order;

2 33-CA-9831-23.odt

i) The application is partly allowed.

ii) The applicants/claimants are permitted to withdraw 50% of

the deposited amount of the impugned award alongwith

accrued interest till date, on furnishing undertaking to the

satisfaction of the learned Registrar (Judicial) of this Court

that they will re-deposit the amount, if the impugned

judgment and award is reversed.

iii) The application stands disposed of.

( S. G. MEHARE ) JUDGE

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