V.I.D.C. Through Its Executive Engineer, Bembla Irrigation Divison, Yavatmal And Another v. Nikhilesh Vishnu Savarkar And Others

13caf1192.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil Application (CAF) 1192/2021 IN First Appeal No. 864/2019 V. I. D. C., Yavatmal Through Its Executive Engineer, Yavatmal And Another Vs Nikhilesh Vishnu Savarkar And 2 Others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr Vinay V. Dahat, advocate h/f Mr J.B. Kasat, advocate for the appellants. Mr A.N. Kashikar, advocate h/f Mr P.M. Pande, advocate for the respondent No.1./ applicant.

Ms T.H. Udeshi, advocate for the respondent Nos. 2 and 3. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 12/04/ 3.

1.

Heard.

2.

The present application is filed for seeking permission for the withdrawal of the amount.

3.

As per the contention of respondent No.1/ applicant that his land is already acquired by the Government and compensation of Rs. 1,63,819/- is deposited by the appellants in this Court. The acquired land was the only source of income for the respondent, due to the acquisition of the land, now he has no source of income and hence he is permitted to withdraw the said amount.

4.

The said application is strongly opposed by the appellant on the ground that, the amount of compensation awarded is exorbitant one, and hence application deserves to be rejected.

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13caf1192.2021.odt 5.

Perused the application and considering the submission made by both parties, a small amount is involved. In view of that, respondent No.1 is permitted to withdraw the entire amount of compensation along with accrued interest on the usual undertaking. Civil Application is disposed of.

JUDGE Signed By:RAJESH K NANDURKAR rkn