Vidarbha Irrigation Development Cor. Thr. Its Executive Engineer, Lower Wardha Project Division v. Smt. Leelabai Wd/O Wasudeorao Shirbhate (Dead), And Others

18-CAF-744-15 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.744 OF 2015 IN FIRST APPEAL NO.223 OF 2014 Vidarbha Irrigation Development Corporation, Thr. Its Executive Engineer, Wardha. -vsSmt. Leelabai Wd/of Wasudeorao Shirbhate & 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 S. D. Dharaskar, Advocate for respondent Nos.1 to 9. Shri H. D. Dubey, AGP for respondent Nos.10 and 11. CORAM : A.S.CHANDURKAR, J.

DATE : MARCH 30, 2015 Prayer is to permit the respondent Nos.1 to 9 to withdraw sum of Rs.81,86,283/- deposited by the appellant. Reason assigned is that there is absence of any source of income.

The application is opposed by the learned counsel for the appellant on the ground that compensation that was awarded by the Land Acquisition Officer @ Rs.69,000/- per hectare has been enhanced to Rs.20,00,000/- per hectare. Considering the reasons assigned in the judgment, respondent Nos.1 to 9 are permitted to withdraw sum of Rs.10,00,000/- (Rupees Ten lacs) subject to furnishing undertaking that in case the appeal is allowed, they shall repay the aforesaid amount with interest at such rate the Court may direct. C.A. is disposed of.

JUDGE Asmita