Rupsingh Phulsingh Gusinge and Anr. v. Executive Engineer minor irrigation and Ors.
Case brief
What is this about?
Bombay High Court (Aurangabad Bench) Civil Application 3028 of 2025 in First Appeal FA/2591/2024; land acquisition compensation; typographical/clerical error in award of tree compensation; excess deposit by acquiring body; refund of difference to Respondent-Acquiring Body; withdrawal of deposited amount with accrued interest; usual undertaking and solvent surety conditions; investment in Nationalized Bank pending appeal disposal; Applicants Rupsingh Phulsingh Gusinge and Anr.; Executive Engineer, Minor Irrigation; AGP B.A. Shinde; Advocate Suresh Walmikrao Munde; Advocate Shubham Dattatraya Jayabhar; Shailesh P. Brahme, J.; decided 16 June 2025.
What did the court decide?
Permission to withdraw 50% of Rs.1,19,10,712/- alongwith interest on usual undertaking and a further 25% alongwith accrued interest on solvent surety/security to the satisfaction of the learned Registrar (Judicial); balance to be invested in a Nationalized Bank till final disposal of appeal FA/2591/2024; the difference between the deposited amount (Rs.1,57,05,806/-) and Rs.1,19,10,712/- to be disbursed back to the Respondent-Acquiring Body.