Union Of India, Thr. General Manager, Central Railway, Cst Mumbai And Another v. Sau. Varsha Alias Vaishali Ashok Dhokne And Others

15caf798.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 798/2023 IN FIRST APPEAL NO. 17/2020 Union Of India, Thr. General Manager, Central Railway, Cst Mumbai And Another Vs Sau. Varsha Alias Vaishali Ashok Dhokne And Others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr N.P. Lambat, counsel for appellant.

Mr C.R. Nagbile, counsel for the respondent No.1/applicant. Mr K.D. Dharmhadikari, AGP for the respondent Nos. 2 and 3. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 20/03/ 3.

1.

By this application, respondent No.1/applicant filed application for withdrawal of the compensation amount deposited by the appellant.

2.

It is submitted by the learned counsel for the respondent No.1, that his land is acquired under the compulsory acquisition. Now he has no source of income. Therefore, he is facing for financial problem. 3.

Mr N.P. Lambat, learned counsel for the appellant has strongly opposed the application, on the ground that, the appellant has challenged the judgment and award which is excessive and exorbitant one and hence application deserves to be rejected.

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15caf798.2023.odt 4.

Considering the grounds raised in the application and considering the objection raised in the application, it will be appropriate to permit the applicant/respondent No.1 to withdraw 50% amount of usual undertaking.

5.

Amount be disbursed on due identification and verification.

Civil Application is disposed of.

First Appeal No. 17/2020 List the matter after four weeks along with First Appeal No. 110/2020 JUDGE Signed By:RAJESH K NANDURKAR rkn