Exe. Engineer, Uppar Wardha Project Division (Uppar Wardha Irrigation Division), Amravati v. Suresh S/O Baliram Ahirkar And Others

28fa869.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 858/2023 IN FIRST APPEAL NO. 869/2022 Exe. Engineer, Uppar Wardha Project Division , Amravati Vs Suresh S/O Baliram Ahirkar 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 Vinay Dahat, counsel h/f Mr J.B. Kasat, counsel for the appellant. Mr Abhishek Bhuibhar, counsel h/f Mr S.B. Gandhe, counsel for the respondent Nos.1 and 2/applicants.

Mr K.L.Dharmadhikari, AGP for the respondent Nos. 3 and 4. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 24/03/ 3.

1.

Heard.

2.

Present application is for seeking permission for withdrawal of the amount on behalf of respondent Nos. 1 and 2.

3.

As per the contention of respondent Nos. 1 and 2, the appellant has deposited the decretal amount with accrued interest i.e. 5,45,742/-. The only earning source of respondent Nos. 1 and 2 was the acquired land which they have lost due to acquisition. The respondents are the old aged person. They are in financial need to meet their dayto-day expenses and therefore, they claim the compensation amount.

4.

Mr Vinay Dahat, the learned counsel for the appellant has strongly opposed the application on the ground that rkn

28fa869.2022.odt the reference Court has awarded the compensation amount which is exorbitant and excessive one.

5.

In view of the reasons mentioned in the application and the objection raised, it will be appropriate to permit respondent Nos. 1 and 2 to withdraw the 75% of the amount on usual undertaking.

6.

The amount be disbursed on due identification and verification.

Civil application is disposed of.

F irst Appeal No. 869/2022 Record and Proceedings is awaited.

2.

Appellant to file private paper-book within a period of ten weeks after receipt of record and proceedings. 3.

After receipt of record and proceedings, place the matter for final hearing as per its own turn. JUDGE Signed By:RAJESH K NANDURKAR rkn