Vidarbha Irrigation Development Corporation, Through Its Execuitve Engineer, Washim v. Bhujanga Sarangdhar Sarkate

1 1104caf1323.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (F) NO.1323 OF 2016 IN FIRST APPEAL NO.1148 OF 2015.

EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION WASHIM VS BHUJANGRAO S/O SARANGDHAR SARKATE AND OTHERS APPLICANTS: BHUJANGRAO S/O SARANGDHAR SARKATE AND ANOTHER - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V. G. Palshikar, Advocate for the appellant. Shri Dipak Khandait Adv. h/f Shri S A. Marathe, Advocate for the respondent Nos.1 & 2.

Shri H. R. Dhumale, AGP for respondent Nos.3 & 4. CORAM : A.S. CHANDURKAR, J.

DATED : APRIL 11, 2016.

The prayer is to permit the respondent Nos.1 & 2 to withdraw the amount of compensation deposited by the appellant. It is stated that the only land of said respondents has been acquired and hence, there is no other source of income.

The application is opposed by the learned Counsel for the appellant.

Perused the judgment of the Reference Court. The claimants are permitted to withdraw 50% of the amount deposited on filing undertaking that in case the appeal is allowed, the said amount shall be repaid with interest at such rate the Court may direct. The remaining amount is permitted to be withdrawn on furnishing solvent

2 1104caf1323.16 surety/security to the satisfaction of the Registrar (Judicial). Civil application is disposed of.

JUDGE /MULEY/