Namdev Bali Kadam v. The Exe. Engineer, Med. Pro. Div., Nanded Under G.M.I.D.C., Aurangabad And ORS

2024:BHC-AUG:24603 911(C)-CA-785-2024.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 785 OF 2024 IN FAST/33401/2012 NAMDEV BALI KADAM

VERSUS

THE EXE. ENGINEER, MED. PRO. DIV., NANDED UNDER G.M.I.D.C., AURANGABAD AND ORS ....

Mr. B. V. Dhage, Advocate for the Applicant Mr. B. R. Surwase, Advocate for Respondent No.1 Mr. N. D. Batule, AGP for Respondent Nos. 2 and 3 ....

CORAM : Y. G. KHOBRAGADE, J.

DATE : 08.10.2024 PER COURT :- 1.

By the present Application, the Applicant/Claimant prayed for permission to withdraw the amount of compensation deposited by the Appellant / Acquiring Body. The learned Advocate for the Appellant / Acquiring Body, raised no objection. 2.

Needless to say that on 03.01.2012, the learned reference Court passed the judgment and award in L.A.R. No. 45 of 2009 and granted compensation at the rate of Rs.2,80,000/-

(( 2 )) 911(C)-CA-785-2024 per Hectare with statutory interest and as such, the Appellant / Acquiring Body already deposited the compensation before this Court. So also, today, the impugned judgment and award dated 03.01.2012 is modified to the extent of the award of the interest at the rate 9% p.a. from the date of award instead of from the date of notification. Therefore, the Applicant / Claimant is entitled to receive the entire amount of compensation.

3.

The office to pay the compensation to the Applicant / Claimant and the remaining amount may be refunded to the Appellant / Acquiring Body, with accrued interest. 4.

The Civil Application is accordingly disposed of. [ Y. G. KHOBRAGADE, J. ] SMS