Executive Engineer, Minor Irrigation Department, Man Project Div., Khamgaon v. Govt. Of Maharashtra, Through District Collector, Buldhana And Another

0405caf1279.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

APPELLATE SIDE NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO. 1279 OF 2016 IN FIRST APPEAL NO. 1090 OF 2015 Exe. Engineer VIDC Buldhana Vs. Govt. of Maharashtra Collector Buldhana & Ano. ...................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ...................................................................................................................................................................... Shri P.B. Patil Adv for appellant.

Ms. N. P. Mehta AGP for respondent 1.

Shri S. S. Gaikwad Adv for respondent 2.

CORAM: A. S. CHANDURKAR J.

DATED: 4th MAY, 2016.

Prayer is to permit the claimant to withdraw the amount of compensation deposited by the appellant.

The application is opposed by the learned counsel for the appellant by relying upon the reply filed on its behalf. It is submitted that there is a dispute with regard to existence of 270 Sag trees and approximately an amount of Rs. 50,00,000/- appears to be the compensation awarded on said head. It is, therefore, submitted that if the prayer is allowed, the claimant be permitted to withdraw reasonable amount of compensation.

Perused the judgment of the Reference Court. The claimant is permitted to withdraw 50% of the amount deposited on filing undertaking that in case the appeal is allowed said amount shall be repaid with interest at such rate the Court may direct. Remaining 50% of the amount is permitted to be withdrawn on furnishing solvent security to the satisfaction of the Registrar (Judicial). Civil application is disposed of.

JUDGE svk