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Bombay High CourtCAF/1100/2023ca disposed off

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

2023-04-18Hon'Ble Justice Urmila Joshi Phalke2 pages

50 CAF-1100-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (F) NO.1100 OF 2023 IN FIRST APPEAL NO.458 OF 2022 [Vidarbha Irrigation Development Corporation ..V/s.. Vedant Sharad Patil (Minor) and Ors.] ________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr A. R. Patil, Advocate for Respondent No.1. Ms T. H. Udeshi, AGP for Respondent Nos.2 and 3. CORAM : URMILA JOSHI-PHALKE , J.

DATE : 18 th APRIL, 3 .

.

This application is by the respondent No.1 for seeking permission to withdraw the compensation amount deposited by the appellant.

2.

As per the contention of the respondent No.1, the appellant has already deposited the compensation amount. The respondent No.1 is agriculturist. His entire land was acquired by the appellant. Now he has no source of income, and therefore, he is in dire need of money.

3.

The said application is strongly opposed by the learned Assistant Government Pleader on the ground that the appeal is preferred by the V.I.D.C., as excessive and exorbitant amount is awarded.

4.

In view of the reasons mentioned in the application and considering the objection raised, it will be appropriate to permit the respondent No.1 to withdraw the 50% amount of compensation with accrued interest on usual undertaking. TAMBE

50 CAF-1100-2023 5.

Amount be disbursed alongwith accrued interest on due identification and verification.

6.

The civil application is disposed of accordingly. JUDGE ASHOKRAO TAMBE Personal Assistant to Hon'ble JUDGE TAMBE