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Bombay High CourtCAF/221/2023ca disposed off

Vidarbha Irrigation Development Cor. Thr. Its Executive Engineer, Lower Wardha Project Division v. Kailash Krushnaraoji Ajmire And Others

2023-02-10Hon'Ble Justice Urmila Joshi Phalke2 pages

7caf221.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.

/20 IN FIRST APPEAL NO. 1395/2013 VIDC. Thr. Its Executive Engineer, Lower Wardha Project Division Vs Kailash Krushnaraoji Ajmire And Others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms A.S. Athalye, Advocate for the appellant.

Mr S.D. Dharsakar, advocate for the respondent No. 1. Mrs Shamsi Haider, Advocate for the respondent Nos.2 and 3. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 10/02/ 3.

1.

Heard.

2.

By preferring this civil application, the respondent No.1/ original claimant is seeking permission to withdraw the amount on the ground that, his land is already acquired by the Government and he has no source of income. He is in need of money and also to perform marriage of his daughter. 3.

The said application is opposed by the appellant on the ground that exorbitant and excessive compensation is awarded by the reference Court. There is vast difference between the amount awarded by the Land Acquisition Officer and the Reference Court.

4.

Considering the objection raised and reason mentioned in the application, it would be appropriate to permit the respondent No.1 to withdraw the amount of Rs. 5,00,000/- rkn

7caf221.2023.odt along with accrued interest on furnishing solvent surety/security to the satisfaction of this Court. 5.

The amount be disbursed after due identification and on the satisfaction of the Registrar (Judicial). Civil application is disposed of.

JUDGE Signed By:RAJESH K NANDURKAR rkn