Bombay High CourtCAF/377/2015admittedallwdgrantedrule absolute

Maharashtra Industrial Development Corporation, Through Its Chief Executive Officer v. Nana Yashwant Lakhdive And Another

2016-08-19Hon'Ble Shri Justice Z.A. Haq3 pages

1 caf377.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.F. NO.377/2015 IN FIRST APPEAL NO.45/2013 Maharashtra Industrial Development Corporation, Amravati, through its Chief Executive Officer ..VS..

Nana Yashwant Lakhidve through L.Rs. and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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.

DATED : 19.8.2016.

Heard Shri R.L. Khapre, Advocate for the respondent Nos.1(a) and 1(b) and Shri M.M. Agnihotri, Advocate for the appellant.

The Land Acquisition Officer had granted compensation at the rate of Rs.80,000/- per hector. The Reference Court has recorded that the claimants are entitled for compensation of Rs.1,60,000/- per hector. Undisputedly, the claimants have received the amount of compensation at the rate of Rs.80,000/- per hector as determined by the Land Acquisition Officer. The enhancement of compensation by the Reference Court is Rs.80,000/- per hector and as the appellant has deposited 50% of it with the Registry of this Court, the respondent Nos.1(a) and 1(b) are permitted to

2 caf377.15 withdraw the amount deposited by the appellant with the Registry of this Court alongwith interest, however, after the respondent Nos.1(a) and 1(b) furnish undertaking to the satisfaction of Registrar (J.) of this Court that if this Court concludes in the judgment that the respondent Nos.1(a) and 1(b) are not entitled for the entire amount withdrawn by them, they will re-deposit the amount with the Registry of this Court alongwith interest as may be determined by this Court within two months from the date of the order. The civil application is allowed in the above terms. No costs. JUDGE Tambaskar.

3 caf377.15 CERTIFICATE original signed Judgment/Order".

Uploaded By : N.V. Tambaskar.

Uploaded On : 22.8.2016.

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