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Bombay High CourtCAF/72/2022allowed

V.I.D.C. Thr. Exe. Engineer, Canal Division, Bembla Project, Yavatmal And Another v. Madhao Manikrao Satpute And Others

2023-01-16Hon'Ble Justice Urmila Joshi Phalke1 pages

20 caf72.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CAF NO.72/2022 WITH FA NO.103/2022 VIDC, thr.Executive Engineer, Yavatmal and anr ..vs..

Madhao Manikrao Satpute and ors ........................................................................................................................................................................... OfÏce Notes, OfÏce Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................... Shri S.V.Ingole, Counsel for the applicant/Respondent No.1. Mrs.P.P.Chobe, Counsel for the Appellant.

Ms T.H.Udeshi, AGP for State.

CORAM : URMILA JOSHI-PHALKE, J.

DATED : 16/01/2023 1.

Respondent No.1/claimant seeks withdrawal of the compensation amount as his land was acquired for Bembla Project and he has no source of income and he is in need of money. 2.

Learned counsel Mrs.P.P.Chobe for the appellant raising an objection submits that respondent No.1/claimant be permitted to withdraw 50% of the deposited amount. Whereas, learned counsel Shri S.V.Ingole for respondent No.1/claimant insists for withdrawal of 75% of the deposited amount.

3.

Considering the award passed by the Reference Court impugned in the appeal as well as considering the need of respondent No.1/claimant, the application is allowed.

4.

Respondent No.1/claimant is permitted to withdraw 50% of the deposited amount in the Court on furnishing usual undertaking. 5.

The amount be disbursed on due identification and verification.

6.

The appellant is directed to file private paper book within a period of eight weeks from today.

(URMILA JOSHI-PHALKE, J.) by BHUSHAN RANA WANKHEDE Date:

2023.01.17 15:59:57 +0530 BHUSHAN RANA WANKHEDE !! BrWankhede !!

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