ISHWAR DAULAT PATIL Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) The applicants - claimants in respective appeals have moved these applications seeking withdrawal of amount deposited by the appellant - acquiring body pursuant to order dated 27.9.2019 passed by this Court to grant conditional stay to the execution of decree.

(2.) Heard learned counsel for the applicants - claimants in respective appeals and the counsel representing the appellant - acquiring body.

(3.) Learned counsel for the applicants - claimants in respective appeals submits that pursuant to conditional order dated 27.9.2019 passed by this Court to stay the execution of award passed by the Reference Court to deposit the amount in terms of award passed on and before 10.2.2020, the appellant - acquiring body has deposited the amount only to the extent of 25% of compensation awarded by the Reference Court. It is submitted that the appellant has no case to succeed in appeals. In connected reference arising out of same acquisition, the applicants are in process to accept the proposal to settle the claim to the extent of 80% of the award passed by the Reference Court. The case of the applicants stands on par with the proposal under consideration of the appellant - acquiring body. In that view, the applicants deserve to be permitted to withdraw the entire amount deposited by the appellant - acquiring body.