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Bombay High CourtCAF/3206/2017admittedallwdgrantedrule absolute

Vidarbha Irrigation Development Corp. Thr. Executive Engineer, Nagpur Irrigation Division (South) v. Vithal Janglu Mogare And Others

2018-04-09Hon'Ble Shri Justice Z.A. Haq2 pages

1 fa122.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR FIRST APPEAL NO.122/2018 Vidarbha Irrigation Development Corporation, through Executive Engineer, Nagpur Irrigation Division (South), Nagpur ..Vs..

Vithal Janglu Mogare and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 9.4.2018.

None appears for respondent No.1.

Heard Ms. U.A. Patil, Advocate for the appellant and Shri M.A. Kadu, A.G.P. for respondent Nos.2 and 3.

ADMIT.

Call record and proceedings.

The appellant shall file private paper book within six months.

CIVIL APPLICATION NO.3206/2017 The appellant has deposited the awarded amount. The learned Advocate for the applicant has submitted that the land which is subject matter of present appeal was a padit (barren) land and Land Acquisition Officer awarded compensation of Rs.16,500/- and the reference Court has enhanced it to Rs.1,00,000/- per hector, considering it as dry-crop land. In the facts of the case, I am satisfied that the appellant

2 fa122.18 has made out case for continuation of the interim order. There shall be interim order in terms of prayer of civil application, till disposal of the appeal. The amount deposited by the appellant be kept in fixed deposit in nationalized bank. The civil application is allowed accordingly. No costs.

JUDGE Tambaskar.