Executive Engineer (V.I.D.C.) Lower Wardha Project Division, Wardha v. Vijay Bapuraoji Kaundannyapure, And Others

16-CAF-568-15 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.568 OF 2015 IN FIRST APPEAL NO.1416 OF 2013 Vidarbha Irrigation Development Corporation, Thr. Its Executive Engineer, Wardha. -vsVijay Bapuraonji Kaundannyapure & Ors.

--------------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------------------------------------------- Shri V. G. Palshikar, Advocate for appellant. Shri S. D. Dharaskar, Advocate for respondent No.1 to 10. Shri H. D. Dubey, AGP for respondent Nos.11 to 13. CORAM : A.S.CHANDURKAR, J.

DATE : MARCH 30, 2015 Prayer is to permit the respondent Nos.1 to 10 to withdraw sum of Rs.36,84,513/- deposited by the appellant. Reason assigned is that there is absence of any source of income.

The application is opposed by the learned counsel for the appellant on the ground that compensation that was awarded by the Land Acquisition Officer @ Rs.69,000/- per hectare has been enhanced to Rs.20,00,000/- per hectare. Considering the reasons assigned in the judgment, respondent Nos.1 to 10 are permitted to withdraw sum of Rs.10,00,000/- (Rupees Ten lacs) subject to furnishing undertaking that in case the appeal is allowed, they shall repay the aforesaid amount with interest at such rate the Court may direct. C.A. is disposed of.

JUDGE Asmita