V.I.D.C. Thr. Executive Engineer, Minor Irrigation Deprtment-Ii, Karanja, Washim v. Parikshit Bharat Patil (Minor) Thr. Guardian Bharat Narayan Patil And Others
(1) 19.caf.644.2023
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.644 OF 2023 IN FIRST APPEAL NO.885 OF 2022 Vidarbha Irrigation Development Corporation Vs.
Parikshit s/o Bharat Patil (Minor) through Bharat Narayan Patil and others ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. A. M. Kukday, Advocate for appellant.
Mr. A. R. Patil, Advocate for respondent No.1. Ms. T. Udeshi, AGP for respondent Nos.2 and 3. CORAM :
URMILA JOSHI-PHALKE, J.
DATED : 24/04/2023 1.
This application is seeking permission for withdrawal of the amount on the ground that due to the acquisition of the land, the respondent No.1 has no source of income. Though award is passed in his favour, he has not received the amount of compensation and therefore he is in dire need of the money.
2.
The said application is strongly opposed by the learned Advocate Mr. Kukday on the ground that appellant has preferred the appeal as award passed by the Land Acquisition, Rehabilitation and Resettlement Authority has awarded the compensation which is excessive and exorbitant one.
3.
In view of the reasons mentioned in the application, and considering the objection raised at this
(2) 19.caf.644.2023 stage, it will be appropriate to permit the respondent No.1 to withdraw 50% of the amount along with accrued interest on usual undertaking. The amount be disbursed on due identification and verification.
4.
Civil Application is disposed of.
(URMILA JOSHI-PHALKE, J.) Sarkate SARKATE 16:18