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Bombay High CourtCAF/642/2015admittedallwdgrantedrule absolute

Vidarbha Irrigation Development Corporation Thru Executive Engg. v. Durgadas S/O Marotrao Wankhede (Dead) Through Lrs Smt. Indirabai Durgadas Wankhede And Others

2015-03-24Hon'Ble Shri Justice A.S. Chandurkar1 pages

6-CAF-642-15 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.642 OF 2015 IN FIRST APPEAL NO.1293 OF 2008 Vidarbha Irrigation Development Corporation, Thr. Executive Engineer, Lower Wardha Project, Wardha.

-vsDurgadas Marotrao Wankhede (Dead) Thr. his L.Rs. & Ors. -------------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------------------------------------------- Shri V. G. Palshikar, Advocate for appellant. Shri V. G. Bhambhurkar, Advocate for respondent Nos.1and 2/applicants.

Shri H. D. Dubey, AGP for respondent Nos.4 to 6 CORAM : A.S.CHANDURKAR, J.

DATE : MARCH 24, 2015 Prayer is to permit the respondent Nos.1(a) to (e) and 3 to withdraw the amount of enhanced compensation as granted by the Reference Court. It is submitted that in the reference proceedings, enhancement only to the tune of Rs.12,000/- per acre came to granted. It is further submitted that aforesaid enhanced compensation has been recently deposited in this Court. The application is opposed by the appellant on the ground that enhancement is on a higher side.

Considering the quantum of enhancement, the respondents are permitted to withdraw the amount of Rs.1,50,000/- subject to furnishing solvent surely to the satisfaction of the Registrar (Judicial). Rest of the amount be invested in fixed deposit. C.A. is allowed and disposed of.

JUDGE Asmita