Executive Engineer, Upper Wardha Project No. 4, V.I.D.C., Amravati v. Shri Dashrath S/O Hiraman Nikose (Dead) Through Lrs. Waman S/O Dashrath Nikose And Others
32caf236.2023.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 236/2023 IN FIRST APPEAL NO.946/2022 Executive Engineer, Upper Wardha Project No. 4, V.I.D.C., Amravati Vs Shri Dashrath S/O Hiraman Nikose (Dead) Through Lrs. Waman S/O Dashrath Nikose And Others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr R.D. Kalra, Advocate for the appellant.
Mr D.P. Dapurkar, Advocate for the applicant/respondent No.1. Ms T.H. Udeshi, AGP for the respondent Nos. 2 and 3. CORAM : URMILA JOSHI-PHALKE, J.
DATED : 06/02/ 1.
Heard.
2.
By this application, the applicant/respondent no.1 has filed application for withdrawal of the amount. As per contention of the applicant/respondent No.1, he is senior citizen and suffering from various ailments. His entire land is acquired by the Government Authority and he has no source of income for his livelihood. Hence, he be permitted to withdraw the entire amount of compensation.
3.
The said the application is strongly opposed by the appellant on the ground that, huge amount of compensation is involved in the appeal. The appellant is challenging the judgment and award, on the ground that exorbitant amount of compensation is awarded. rkn
32caf236.2023.odt 4.
Considering the reasons mentioned in the application and the objection raised by the appellant, it would be just and proper to permit the applicant/ respondent no.1 to withdraw 50% of the amount on usual undertaking and 25% of the amount on furnishing solvent surety/security for the satisfaction of the Court.
5.
The 50% of the amount be disbursed on furnishing usual undertaking mentioning that, if the adverse order is passed, he is ready to deposit the amount.
The civil application No. 236/2023 is disposed of.
JUDGE Signed By:RAJESH K NANDURKAR rkn