V. I. D. C. Through Executive Engineer, Minor Irrigation Department-Ii, Karanja v. Shantanu Bharat Patil A.P.K., Bharat Narayan Patil And Others

20 CAF-1201-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

C IVIL APPLICATION (F) NO.1201 OF 2023 IN FIRST APPEAL NO.567 OF 2022 [Vidarbha Irrigation Development Corporation ..V/s.. Shantanu Bharat Patil A.P.K. Bharat Narayan Patil and Ors.] ________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr A. M. Kukday, Advocate for Applicant/Appellant. Mr A. R. Patil, Advocate for Respondent No.1. Ms T. H. Udeshi, AGP for Respondent Nos.2 and 3. CORAM : URMILA JOSHI-PHALKE , J.

DATE : 25 th APRIL, 3 .

.

By present application, the respondent No.1 is seeking permission for withdrawal of the amount of compensation deposited by the appellant on the ground that the entire land of the respondent No.1 was acquired by the appellant. Now, he has no source of Income and he is in need of financial assistance to survive.

2.

The said application is strongly opposed by the learned Advocate Mr Kukday on the ground that the appellant has challenged the award and the amount of compensation granted is excessive and exorbitant one.

3.

In view of the reasons mentioned in the application and considering the objection raised, it will be appropriate at this stage to permit the respondent No.1 to withdraw 50% amount of compensation alongwith accrued interest.

4.

In view of the above, the application is allowed and the respondent No.1 is permitted to withdraw 50% amount of TAMBE

20 CAF-1201-2023 compensation alongwith accrued interest.

5.

The amount be disbursed on due identification and verification.

6.

The civil application is disposed of accordingly. JUDGE ASHOKRAO TAMBE Personal Assistant to Hon'ble JUDGE TAMBE