Maharashtra Industrial Development Corporation Through Its Chief Executive Officer v. Tukararam Shivram Jagtap (D) Through Janabai Wd/O Shivram Jagtap And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAF] No.733 of 2021 in First Appeal No.1146 of 2013 (D) Maharashtra Industrial Development Corporation vs.

Tukaram Shivram Jagtap & others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri R.J. Shinde, Advocate for the Applicant-Respondent No.1-C Shri Sharad Thakre, Advocate h/f Shri M.M. Agnihotri, Advocate for the Appellant.

Ms. Hemlata Jaipurkar, A.G.P. for the State/Respondent No.2

CORAM

: S.M. MODAK, J.

DATE : 6 th APRIL, 2021 Hearing was conducted through Video Conferencing and the learned Counsel agreed that the audio and visual quality was proper.

Heard learned Counsel Shri R.J. Shinde for the applicant-respondent No.1-C, learned Counsel Shri Sharad Thakre appearing for the appellant and learned A.G.P. Ms. Hemlata Jaipurkar for respondent No.2.

Perused the order, dated 07/12/2020. The appellant has already deposited an amount of Rs.42,40,811/- . This was as per the rate fixed by the Reference Court.

Out of this amount, respondent Nos.1-A to 1-E were permitted to withdraw 75% of the amount. Now the appeal is disposed of and this Court has

2/3 reduced the rate to Rs.3,00,000/- per hectare. In view of this, entitlement is recalculated by the appellant and informed to the Court vide Pursis Stamp No.9/2021. As per the said pursis, the claimants are entitled to receive only an amount of Rs.36,50,710/-, which is acceptable to them. Out of this, they have already withdrawn 75% of the amount of compensation. So, they are entitled to get only remaining amount, and balance amount has to be returned to the appellant-MIDC. Therefore, the amount has to be transferred in the bank account of respondent No.1-C - Madan Tukaram Jagtap, the Power of Attorney holder. Hence, i.

It is made clear that the respondentsclaimants are entitled to get Rs.36,50,710/-. ii.

The Office is directed to transfer the balance amount from Rs.36,50,710/- along with accrued interest thereon (after considering earlier withdrawal of 75%) in the bank account of respondent No.1-C viz.

Madan Tukaram Jagtap without personal identification.

iii. The Office is further directed to transfer the remaining amount from Rs.42,40,811/- after deducting Rs.36,50,710/- in the bank account of the appellant along with accrued interest thereon without personal identification.

iv. The Office is also directed to bifurcate the interest amongst the appellant and the

3/3 respondents/claimants as mentioned above on the appropriate amount.

v.

The application is disposed of accordingly.

JUDGE *sandesh