Executive Engineer, Nimna Painganga Project Division (Bembla Project), Yavatmal And Another v. Narayan Tanba Raut (Deleted) Sushila Narayan Raut And Others

FA 73.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil Application (F) No.157/2021 in First Appeal No.73/2021 Executive Engineer, Nimn Painganga Project Division Appellant.

(Bembla Project), Yavatmal

Versus

Narayan Raut and others Respondents.

Ms Ashwini Athalye, Adv for appellant.

Shri P.M. Pande, Adv for resp. nos. 1 to 3.

Ms. T.H. Udeshi, GP for resp. nos.4 and 5.

CORAM : ANUJA PRABHUDESSAI, J.

DATED : 10 FEBRUARY 2021 The respondent nos. 1 to 3 have filed this application for withdrawal of the amount deposited by the appellant before this Court. I have perused the record and considered the submissions. By the impugned judgment and award the Reference Court has enhanced the compensation to Rs. 8,00,000/- (rupees eight lakh only) per hectare. The appellant has deposited an amount of Rs. 1,18,420/- (rupees one lakh eighteen thousand four hundred and twenty only) before this Court. 2.

Having gone through the evidence, grounds raised in the appeal memo as well as the reasons stated in the application, the respondent nos. 1 to 3 are permitted to withdraw an amount of Deshmukh

FA 73.21.odt Rs. 1,18,420/- (rupees one lakh eighteen thousand four hundred and twenty only) along with interest accrued thereon subject to filing of usual undertaking before the Registrar (Judicial). 3.

Application is disposed of accordingly.

First Appeal No.73/2021 Heard.

Admit.

Call for the record and proceedings.

Shri Pande, learned Counsel waives notice for respondent nos. 1 to 3.

Ms Udeshi, learned AGP waives notice for respondent nos. 4 and 5.

Paper book be filed within a period of Six months. [Anuja Prabhudessai, J] Deshmukh