The Executive Engineer, Minor Irrigation Department, Buldhana v. Indubai Sanjay Thombare And Others

2025:BHC-NAG:4893 1001.FA.1263.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.269 OF 2025 IN FIRST APPEAL NO.1263 OF 2024 The Executive Engineer, Minor Irrigation Department, Buldhana, Dist. Buldhana .Vs. Indubai Sanjay Thombare 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. U.A. Gosavi, Advocate for appellant/applicant. Mr. Hariom Dhage, Adv. h/f Mr. S.S. Dalvi, Adv. for respondent Nos.1 & 2. Ms Shamsi Haider, A.GP. for respondent/State. CORAM : ANIL S. KILOR AND PRAVIN S. PATIL, JJ. DATE : 06/05/2025 1.

Heard.

2.

The respondent Nos.1 and 2/claimants are seeking withdrawal of amount of Rs.36,01,389/- deposited by the appellant/acquiring body towards compensation with the Land Acquisition, Resettlement and Rehabilitation Authority, Nagpur in Reference Case No.829/AMT/BLO/2022 along with interest.

3.

The learned counsel for the appellant/acquiring body is not having any objection for such withdrawal.

1001.FA.1263.24.odt 4.

As such, respondent Nos.1 and 2/claimants are permitted to withdraw the entire amount of compensation along with interest accrued thereon till date of filing application before the Land Acquisition, Resettlement and Rehabilitation Authority, Nagpur and on usual undertaking to the satisfaction of that authority.

5.

Though the application is moved by respondent No. 1, the amount should be distributed among the respondent Nos.1 and 2 in the same ratio as determined by the learned Reference Court The application is disposed of accordingly.

(PRAVIN S. PATIL, J.) (ANIL S. KILOR, J.) C.L.Dhakate