Bombay High CourtCAO/20/2017ca disposed off

The Executive Engineer, Bembla Project Division, Yavatmal v. Laxman Pandurang Kasnare And 2 Others

2017-02-02Hon'Ble Shri Justice A.S. Chandurkar2 pages

906-CAF-706-16 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.706 OF 2016 IN FIRST APPEAL ST. NO.24218 OF 2015 The Executive Engineer, Bembla Project Division, Yavatmal, Dist. Yavatmal -vs- Laxman Pandurang Kasnare and ors.

------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri P. B. Patil, Advocate for applicant/appellant. Shri A. B. Nakshane, Advocate for respondent No.1. Shri M. A. Kadu, AGP for respondent Nos.2 and 3. CORAM : A.S.CHANDURKAR, J.

DATE : February 02, 2017 Considering reasons mentioned in the application, the delay in filing first appeal stands condoned. Civil application is allowed and disposed of. F.A.St. No.24218 of 2015 Heard. Admit. Call for record and proceedings. Shri A. B. Nakshane, learned counsel waives notice on behalf of respondent No.1. Shri M. A. Kadu, learned Assistant Government Pleader waives notice on behalf of respondent Nos.2 and 3. Paper-book be filed within period of six months from today.

C.A.F. No.20 of 2017 Prayer is to permit the claimant to withdraw the amount of compensation deposited by the appellant. It is submitted that in matters arising out of village Pahur from

906-CAF-706-16 2/2 where the present proceedings arise, the appellant had accepted the rate of acquired land to be Rs.750/- per sq. mtr. The Reference Court has granted compensation at the rate of Rs.900 per sq. mtr.

In view of aforesaid, the claimant is permitted to withdraw 75% of the amount of compensation deposited in this Court on filing undertaking that in case the appeal is allowed said amount shall be repaid with interest at such rate the Court may direct. Rest of the amount shall be invested in Fixed Deposit.

Civil application is disposed of.

JUDGE Asmita