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Bombay High CourtCAF/950/2022allowed

V.I.D.C. Thr. Exe. Engineer, Bembla Irrigation Division (Earlier, Bembla Canal Proj. Div.) Yavatmal v. Yash Jitendrakumar Munot And Others

2022-04-26Hon'Ble Shri Justice M.S. Karnik2 pages

2.fa.274.20 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAF] No.950 of 2022 in First Appeal No.274 of 2020 Vidarbha Irrigation Development Corporation vs.

Yash Jitendrakumar Munot & others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mr. A.B Nakshane, Advocate for the Applicant/Respondent No.1. Ms. Ashwini Athalye, Advocate for the Appellant. Mr. A.M. Kadukar, A.G.P. for Respondent Nos.2 & 3.

CORAM

: M.

S. KARNIK, J.

DATE : 26 th APRIL, .

This is an application for withdrawal of the amount which has been deposited by the appellant in this Court.

02] The Land Acquisition Officer had granted compensation at the rate of 98,500/- per hectare for ₹ acquiring the land which was enhanced by the reference Court to 4,70,000/- per hectare. An amount of ₹ 1,84,220/-, which is the compensation calculated in terms ₹ of the award of the reference Court, has been deposited in this Court. For the reasons mentioned in the application, though the application is opposed by learned Counsel for the appellant, the application deserves to be allowed. Hence, the following order :

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O R D E R

i.

The claimant-respondent No.1 Yash Jitendrakumar Munot is permitted to withdraw the entire amount of compensation deposited by the appellant along with accrued interest thereon in this Court, subject to filing a usual undertaking to the satisfaction of the Registrar (Judicial).

ii. The application is allowed and disposed of accordingly.

F irst Appeal No.274/2020 :

At the request of learned Counsel for the appellant, stand over to 28th April, 2022.

JUDGE *sandesh Signed by:SANDESH DAULATRAO WAGHMARE Private Secretary to the Hon'ble Judge