Vidharbha Irrigation Development Corporation Through Its Executive Engineer Lower Wardha Project v. Shakuntalabai Devisadji Kale

4caf1261.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 1261/2023 IN FIRST APPEAL NO. 294/2015 (D) VIDC Through Its Executive Engineer, Wardha And Another Vs Shakuntalabai Devidasji Kale And 2 Others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr Anoopsingh Parihar, advocate for the appellants. Mr Vivek Awchat, advocate for the respondent No.1/applicant. Mr. M.A. Kadu, AGP for the respondent Nos. 2 and 3. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 02/05/ 3.

1.

The present application is seeking permission for the withdrawal of the amount.

2.

The appeal is already dismissed vide order dated 01/12/2022, however, the learned advocate for the appellants Mr Parihar submitted that he will take necessary steps to restore the appeal.

3.

It is submitted by the learned advocate Mr Awachat, respondent No.1 is 86 years of old. Considering the respondent No.1 is of 86 years of old, if permission is not granted, she would not get the fruits of the award. The 30% amount is already withdrawn by respondent No.1. 4.

The said application is strongly opposed by the learned advocate for the appellants on the ground that compensation awarded is excessive and exorbitant. rkn

4caf1261.2023.odt 5.

However, considering the grounds mentioned in the application and the objection raised, at this stage, it will be appropriate to permit the respondent No.1 to withdraw the 25% of the amount along with accrued interest on usual undertaking on due identification and verification. Civil application is disposed of.

JUDGE Signed By:RAJESH K NANDURKAR rkn