30-CA-2313-2025.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 2313 OF 2025 IN FA/3336/2021 Supadu Chaitram Koli And Ors ….Applicants VERSUS The Ex. Engineer, Hatnur Project Chopda Now Offce At L.t.p.d. Amalner And Ors …..Respondents ….. Mr. B. R. Warma, Advocate for Applicants Mr. Chillarge Subhash S., Advocate for Respondent No.1 Mr. R. B. Dhaware, AGP for Respondent Nos.2 and 3 ….. CORAM : NEERAJ P. DHOTE, J. DATE : 24.03.2025 PER COURT : 1. This is an Application fled by the Claimants for withdrawal of Rs.25,00,000/- [Rs. Twenty Five Lakhs], which are deposited by the Acquiring Body in this Court pursuant to the order dated 05/03/2024. 2. The learned Advocate for the Applicants submits that, the Reference Court has awarded the compensation of Rs.1,83,93,970/- [Rs. One Crore Eighty Three Lakhs Ninety Three Thousand Nine Hundred Seventy] along with necessary interest. He submits that, the said amount along with the interest comes to more than three Crore and odd. He submits that, till date, the Applicants were permitted to withdraw Rs.75,00,000/- [Rs. Seventy Five Lakhs], which were deposited by the Acquiring Body. Hence, Application be allowed in the interest of justice. 1 2025:BHC-AUG:9046 30-CA-2313-2025.odt 3. The Application is opposed by the learned Advocate for Respondent No.1 – Acquiring Body and learned A.G.P for Respondent Nos.1 and 2. They submit that, there is dispute in respect of existence of pomegranate trees on the land, which came to be acquired. Hence, the Application be rejected. 4. There is no dispute on the above aspect in respect of the amount of compensation granted by the learned Reference Court along with interest. There is also no dispute that, this Court, by order dated 04/07/2022, in Civil Application No.6455/2022 and order dated 29/09/2022, in Civil Application No.13668/2022, permitted to the Applicants to withdraw the amount, which was deposited by the Acquiring Body. It is not in dispute that, if this Application is allowed, the total amount, which was withdrawn by the Applicants and amount of Rs.25,00,000/- [Rs. Twenty Five Lakhs] which is sought to be withdrawn, would come to 30% of the amount awarded by the learned Reference Court. 5. Considering this aspect, the Applicants can be allowed to withdraw the amount of Rs.25,00,000/- [Rs. Twenty Five Lakhs], subject to furnishing surety / security to the satisfaction of the Registrar [Judicial] of this Court. Hence, the following order is passed :- ORDER [I] Application is allowed. [II] The Applicants are permitted to withdraw Rs.25,00,000/- [Rs. Twenty Five Laksh] on furnishing solvent surety / security to the satisfaction of the Registrar [Judicial] of this Court. 2 30-CA-2313-2025.odt [III] The said amount shall be distributed amongst the Applicants as per undertaking / understanding, which would be submitted by them before the learned Registrar [Judicial] of this Court. 6. Civil Application stands disposed of accordingly. [NEERAJ P. DHOTE, J.] Sameer/March-2025 3 Signed by: Md. Sameer Q. Designation: PA To Honourable Judge Date: 27/03/2025 16:15:17