V.I.D.C. Thr. Executive Engineer, Minor Irrigation Department-Ii, Karanja, Washim v. Sharad Narayan Patil And Others

43fa473.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil Application (CAF) No. 1111/2023 In First Appeal No. 473/2022 V.I.D.C. Thr. Executive Engineer, Washim Vs Sharad Narayan Patil And Others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr A.M. Kukday, advocate for the appellant.

Mr A.R. Patil, advocate for the respondent No.1. Mr. M.A. Kadu, AGP for the respondent Nos. 2 and 3. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 17/04/ 3.

1.

By this application, respondent No.1 is seeking permission for withdrawal of the amount on the ground that though the reference Court has awarded the compensation amount, respondent No.1 has not received the same. He has already lost the source of income as his land is acquired by the Government. 2.

The said application is strongly opposed by the learned advocate for the appellant on the ground that the amount of compensation awarded by the learned Reference Court is excessive and exorbitant one. 3.

In view of the reasons mentioned in the application and considering the objection raised, it will be appropriate to permit respondent No.1 to withdraw rkn

43fa473.2022.odt 50% of the amount along with accrued interest on usual undertaking and on due identification and verification. Civil application is disposed of.

List the matter after Summer Vacation.

JUDGE Signed By:RAJESH K NANDURKAR rkn