The Executive Engineer, Lower Wardha Project Division, Wardha v. Ramaji S/O Upashya Sahare (Dead) Lrs. Ambadas S/O Ramaji Sahare And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.837/2019 IN FIRST APPEAL NO.424/2018 The Executive Engineer, Lower Wardha Project Division, Wardha, Tq. And Dist. Wardha ...Versus...

Ramaji s/o Upashya Sahare (Dead) through L.Rs. Ambadas s/o Ramaji Sahare and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms Gayatri Reve, Counsel h/f Shri B.N. Jaipurkar, Counsel for appellant Shri C.R. Najbile, Counsel for respondent nos.1 to 5/applicants in CAF No.837/2019 Ms Vidya Umale, Counsel for respondent nos.6 (i) to 6 (iv) in CAF No.605/2019 Mrs. Hemlata Jaipurkar, AGP for respondent nos.7 and 8 - State CORAM : ARUN D. UPADHYE, J.

DATE : 18/03/2019 Heard.

Perused the application.

The applicants/respondent nos.1 to 5 in Civil Application (CAF) No.837/2019 have 5/6th share in the amount of compensation, deposited by the appellant.

The learned Counsel for the applicants has submitted that this Court by its order dated 27/4/2016 in Civil Application (CAF) No.3460/2015 in First Appeal St. No.14337/2015 has permitted the claimants to withdraw 50% amount on furnishing usual undertaking and remaining

amount upon furnishing solvent surety/security to the satisfaction of the Registrar (Judicial). Both these lands are arising out of the same village and are acquired for the same project.

Considering the submissions of the learned Counsel for the parties and upon perusal of the order dated 27/4/2016 passed by this Court in Civil Application (CAF) No.3460/2015 in First Appeal St. No.14337/2015, I am of the view that the applicants could be permitted to withdraw the amount of compensation, deposited by the appellant in this Court. Hence, I proceed to pass the following order.

ORDER

(i) Civil Application No.837/2019 is allowed.

(ii) The applicants/respondent nos.1 to 5 are permitted to withdraw 50% of the amount of their share, deposited by the appellant in this Court, upon furnishing usual undertaking to the satisfaction of the Registrar (Judicial) to the effect that in case the appeal is allowed the amount withdrawn by the applicants shall be repaid with interest at such rate the Court may direct. The remaining amount is permitted to be withdrawn by the applicants, subject to furnishing solvent surety/security to the satisfaction of the Registrar (Judicial).

The civil application stands disposed of accordingly. No order as to costs.

CIVIL APPLICATION (CAF) NO.605/2019 Heard.

Perused the application. The applicants/ respondent nos.6 (i) to 6 (iv) in Civil Application (CAF) No.605/2019 have 1/6th share in the amount of compensation, deposited by the appellant.

The learned Counsel for the applicants has submitted that this Court by its order dated 27/4/2016 in Civil Application (CAF) No.3460/2015 in First Appeal St. No.14337/2015 has permitted the claimants to withdraw 50% amount on furnishing usual undertaking and remaining amount upon furnishing solvent surety/security to the satisfaction of the Registrar (Judicial). Both these lands are arising out of the same village and are acquired for the same project.

Considering the submissions of the learned Counsel for the parties and upon perusal of the order dated 27/4/2016 passed by this Court in Civil Application (CAF) No.3460/2015 in First Appeal St. No.14337/2015, I am of the view that the applicants could be permitted to withdraw the amount of compensation, deposited by the appellant in this Court. Hence, I proceed to pass the following order.

ORDER

(i) Civil Application No.605/2019 is allowed.

(ii) The applicants/respondent nos.6 (i) to 6 (iv) are permitted to withdraw 50% of the amount of their share, deposited by the appellant in this Court, upon furnishing usual undertaking to the satisfaction of the Registrar (Judicial) to the effect that in case the appeal is allowed the amount withdrawn by the applicants shall be repaid with interest at such rate the Court may direct. The remaining amount is permitted to be withdrawn by the applicants, subject to furnishing solvent surety/security to the satisfaction of the Registrar (Judicial).

The civil application stands disposed of accordingly. No order as to costs.

JUDGE Wadkar, P.S.