Executive Engineer, Lower Wardha Project Division, Wardha And Another v. Babarao Mahadeo Ghotkar, Since Deceased, Represented Thr. Lrs. Rahul Babaraoji Ghotkar And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Civil Application [CAF] No. 976 of 2016 IN First Appeal No. 192 of 2016 [The Executive Engineer, Lower Wardha Project Division & another Vs. Babarao Mahadeo Ghotkar, since dead, through his L.Rs. & others] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. S.D. Chopde, Adv., for the applicants [respondent nos. 1 to 6]. Mr. S.S. Godbole, Adv., for the appellants.

Mr. Kadu, AGP for respondent nos. 7 and 8.

----

CORAM

:

R.K. DESHPANDE, J.

DATE :

29th April, 2016 Heard the learned counsels appearing for the parties.

Shri Chopde, the learned counsel for the applicants-claimants, has invited my attention to paras 18, 19 and 21 of the decision of Reference Court, holding that the land, in question, is located at the distance of one kilometer from Taluka Arvi and, thus, it had non-agricultural potentiality. Accordingly, the compensation has been enhanced from the rate of Rs. 1,61,000/- per hectare to the rate of Rs.11,71,000/- per

hectare.

In view of the above, the claimants are permitted to withdraw fifty per cent of the amount deposited, upon furnishing a usual undertaking, and the balance fifty per cent, upon furnishing a solvent security, both to the satisfaction of the Registrar [Judicial] of this Court. Civil Application stands disposed of.

Judge |hedau|