Vidarbha Irrigation Development Corp. Thr. Exe. Engineer, Canal Div., Bembla Proj., Yavatmal And An v. Pushpabai Vasantrao Jadhao Through P.O.A. Satish Vasantrao Jadhao And Others

(1) 17.ca.1253.2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.1253 OF 2023 IN FIRST APPEAL NO.645 OF 2019 Vidarbha Irrigation Development Corporation through Executive Engineer Medium Project Division, Yavatmal Vs.

Pushpabai Vasant Jadhav (through Power of Attorney) Satish Vasantrao Jadhao and others ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Ms. Mallika Babulkar, Advocate h/f Mr. M. A. Kadu, Advocate for appellant. Mr. S. V. Ingole, Advocate h/f Mr. A. B. Nakshane, Advocate for respondent No.1. Ms. T. Udeshi, AGP for respondent Nos.2 and 3. CORAM :

URMILA JOSHI-PHALKE, J.

DATED : 03/05/2023 1.

This application is seeking permission for withdrawal of the amount on the ground that the land of the applicant i.e. respondent No.1 is already acquired by the Government and very meager amount of compensation was awarded to the respondent No.1. Now the respondent No.1 has no source of income. The present applicant/respondent No.1 is suffering due to the poor financial condition and hence, he be permitted to withdraw the entire amount of compensation.

2.

The Said application is strongly opposed by the learned Advocate for the appellant on the ground that the amount of Rs.1,00,000/- is already withdrawn and the appellant has challenged the quantum of the

(2) 17.ca.1253.2023 compensation which is excessive and exorbitant one. 3.

Perused the application and the objection raised by the appellant, the amount involved is meager amount of Rs.1,25,876/-. The respondent No.1 has already withdrawn the amount of Rs.1,00,000/-. Now he is in need of money. In view of the reasons mentioned in the application, the Power of Attorney Satish Vasantrao Jadhav for the respondent No.1 is permitted to withdraw the amount of compensation on usual undertaking to the extent that if appellant succeeds in the appeal and the amount of compensation is reduced the respondent No.1 shall refund the amount of compensation as per the direction of this Court. 4.

In view of the above terms, Civil Application is disposed of.

5.

The amount be disbursed to the Power of Attorney on due identification and verification. 6.

The Power of Attorney shall file an affidavit to the extent that the amount of compensation is disbursed to the respondent No.1.

(URMILA JOSHI-PHALKE, J.) Sarkate SARKATE 15:43