Allowed

Abhay Ramrao Lvhare v. Godavari Marathwada Irrigation Development Corporation through Its Ex Engineer Latur and Ors.

Bombay HC25 Feb 2011CA/2192/2011

Case brief

AI extract

What is this about?

This court allowed the applicant to withdraw 50% of the compensation deposited by the acquiring body without furnishing surety, directing that the remaining amount be withdrawn only by providing solvent surety, adhering to a prior Division Bench Order.

What did the court decide?

Permission granted to withdraw 50% of the deposited compensation without surety; remaining 50% withdrawable only with solvent surety.

Abhay Ramrao Lvhare Vs Godavari Marathwada Irrigation… — Land Acquisition | Bombay HC (2011)

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( 1 ) ca2192.11

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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CIVIL APPLICATION NO. 2192 OF 2011 IN FIRST APPEAL NO. 571 OF 2010

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Abhay s/o. Ramrao Lavhare..Applicant

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Versus

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Godawari Marathwada Irrigation Development..Respondents
Corporation and Ors.

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Mr. S.B. Solanke, Advocate for the applicant.
Mr. S.G. Sangle, Advocate for respondent Nos. 1 & 2.

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CORAM : D.B. BHOSALE &
R.M. BORDE,JJ.
DATED :25.02.2011

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P.C. :-

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1.Heard learned Counsel for the parties. By this

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Civil Application, the applicant has prayed for allowing him
to withdraw 50% of the amount awarded by the Reference Court,
which has been deposited by respondent Nos.1 and 2 in the
Reference Court. Our attention is invited to the order dated

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3rd May, 2010, passed in a group of Civil Applications, where
similar prayer was made. The Division Bench allowed those

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applications and in paragraphs 5 and 6 of the order observed
thus :-

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“5.If the 50% amount is still lying with the
Executing Court as deposited by the Acquiring
Body/State, then the Applicants are at liberty to
withdraw the said amount. Out of the total amount
deposited with the Executing Court, the Applicants
are entitled to withdraw 50% amount without
furnishing any surety and remaining 50% amount by
furnishing solvent surety to the satisfaction of
the Executing Court.

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6.We direct the Executing Court that in case the
remaining amount is deposited by the Acquiring Body
or S.L.A.O., the same shall not be permitted to be
withdrawn by any of the claimants arising out of
the group of Appeals, subject to further orders
passed by this Court.”

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2.In the circumstances, we pass following order.

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a)50% amount deposited by the Acquiring Body in

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the Reference Court is allowed to be withdrawn as follows :-

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.50% of the amount deposited (i.e. 25% of the
total compensation) is allowed to be withdrawn without
furnishing any surety and remaining 50% (i.e. 25% of the
total compensation) by furnishing solvent surety to the
satisfaction of the Executing Court.

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b)Insofar as remaining 50% of the total

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compensation is concerned, if that is deposited by the
Acquiring Body, the same shall not be allowed to be withdrawn
by the claimants.

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3.With these observations, the Civil Application is

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disposed of.

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 [R.M. BORDE,J.] [D.B. BHOSALE,J.]

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snk/2011/FEB11/ca2192.11

Abhay Ramrao Lvhare v. Godavari Marathwada Irrigation Development Corporation through Its Ex Engineer Latur and Ors.

Case brief

What is this about?

What did the court decide?

Abhay Ramrao Lvhare v. Godavari Marathwada Irrigation Development Corporation through Its Ex Engineer Latur and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

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