Executive Engineer, Medium Project, Nagpur v. Hemraj S/O Shivram Deshmukh And Others

FA216-19 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR C.A.F. NO. 712/2019 IN FIRST APPEAL NO. 216/2019 (EXE.ENGR. MEDIUM PROJECT, NAGPUR VERSUS HEMRAJ SHIVRAM DESHMUKH & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri N.M. Gaidhane, counsel for appellant.

Shri C.R. Najbile, counsel for R-1 to 8/applicants. Mrs. M. Naik, A.G.P. for R-9 & 10.

CORAM : A.S. CHANDURKAR, J.

DATE : FEBRUARY 18 , 2019.

Prayer is to permit the claimants to withdraw the amount of compensation.

It is submitted that the enhancement granted for the Orange trees is at the rate of Rs.5,500/- per tree. In connected appeals, 80% of the amount of compensation has been permitted to be withdrawn. Moreover, there is no enhancement granted for the value of the land.

In that view of the matter and taking a prima-facie view, the claimants are permitted to withdraw 80% of the amount of compensation as deposited. The claimants shall file an undertaking in this Court within a period of eight weeks that in case the appeal is allowed, the amount withdrawn will be re-deposited alongwith interest at such rate the Court may direct. Remaining amount shall remain invested in Fixed Deposit. Civil application stands disposed of.

JUDGE APTE