V. I. D. C. Through Executive Engineer, Minor Irrigation Divison, Washim And Another v. Sheshrao Nagoraoji Kale (Dead) Through Lrs. Bhagwat Sheshrao Kale And 2 Others
(1) 15.ca.886.2023
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.886 OF 2023 IN FIRST APPEAL NO.325 OF 2021 Vidarbh Irrigation Development corporation Through its Executive Engineer and another Vs.
Late Sheshrao N. Kale Through L.R.S., 1a) Bhagwat Sheshrao Kale and others ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. H. D. Marathe, Advocate for appellants.
Mr. A. B. Darekar, Advocate for respondent Nos.1(a) to (f). Ms. T. Udeshi, AGP for respondent Nos.2 and 3. CORAM :
URMILA JOSHI-PHALKE, J.
DATED : 29/03/2023 This is an application filed by the respondent Nos.1(a) to 1(f) for withdrawal of the compensation amount deposited by the appellant in this Court.
As per contention of the respondents/claimants their land is already acquired under the compulsory acquisition. Now, they have no source of income and therefore they are in need of financial assistance.
The said application is strongly opposed by the learned Advocate Mr. Marathe for the appellants on the ground that appellants have challenged the Judgment and Award as compensation was awarded which is excessive and exorbitant one.
(2) 15.ca.886.2023 In view of the reasons mentioned in the application and considering the objections a very small amount is involved.
In view of that, the respondents/claimants are permitted to withdraw the amount along with accrued interest on usual undertaking to the extent that, if appellants succeed in the appeal, respondents/claimants to refund the amount as per the directions of the Court.
Civil application is disposed.
FIRST APPEAL NO.325 OF 2021 Leave is granted to the appellants to carry out the amendment in respect of the name of respondent No.1(a).
Permission is granted to carry out the amendment forthwith.
(URMILA JOSHI-PHALKE, J.) Sarkate SARKATE 16:29