V.I.D.C. Through Executive Engineer, Bembla Project Division, Yavatmal And Another v. Shri Sanjay Ramchandra Mahure And Others

5 CAF 3869-2018.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

CIVIL APPLICATION NO. 3869 OF 2018 IN FIRST APPEAL NO. 1741 OF 2019 Vidarbha Irrigation Development Corporation through its Executive Engineer, Bembla Project Division, Yavatmal Tq.Dist. Yavatmal and another Vs.

Shri Sanjay Ramchandra Mahure and others ------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order Shri M.A. Kadu, Advocate for applicants Shri S.O. Ahmed, Advocate for respondent No.1/claimant. Shri K.L. Dharmadhikari, AGP for respondent Nos.2&3 CORAM :- A.S.CHANDURKAR AND N.B.SURYAWANSHI, JJ.

DATED :- DECEMBER 14, 2020.

This is an application for stay filed by the acquiring body.

Vide order dated 10/04/2019 the acquiring body was granted stay on a condition to deposit 50% of enhanced amount of compensation in this Court. The said 50% of amount is deposited by the acquiring body. In that view, the application is allowed. There shall be stay to the impugned judgment and award dated 04/05/2017 passed by Joint Civil Judge, Senior Division, Yavatmal in L.A.C. No. 102 of 2009 during pendency of the present first appeal. Civil application is disposed of accordingly.

5 CAF 3869-2018.odt 2 CIVIL APPLICATION NO. 1919 OF 2019 This civil application is filed by the claimant seeking withdrawal of the decreetal amount deposited in this Court.

Heard learned advocate for the claimant and the learned Assistant Government Pleader. It is seen that the Trial Court has awarded an amount of Rs 506.28/- per square meters for 7.18 H.R. land along with statutory benefit. From the judgment it can be seen that the adjoining land was sold in the year 2003 at the rate of Rs. 645.86/- per square meter. We therefore deem it appropriate to allow the civil application and permit the claimant to withdraw 50% of the enhanced amount deposited in this Court along with accrued interest, on furnishing undertaking that in case the first appeal is allowed, they shall refund the amount withdrawn along with interest. Civil application disposed of. FIRST APPEAL 1741/2019 The appellant to prepare and file private paper book within a period of twelve weeks from today. To be heard along with First Appeal St.2279/2018.

JUDGE JUDGE J.Pethe..