V. I. D. C. Through Executive Engineer, Bembla Canal Division, Yavatmal v. Chhaya Ramaji Savsakade Through P.O.A. Ankush Ramaji Savsakade And Others

25caf1223.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 1223/2023 IN FIRST APPEAL NO.

/202 VIDC Through Executive Engineer, Yavatmal Vs Ku. Chhaya Ramaji Savsakade And Others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr A.M. Kukday, advocate for the appellant.

Mr S.V. Ingole, advocate for the respondent Nos. 1 to 6. Ms T.H. Udeshi, AGP for the respondent Nos. 7 and 8. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 26/04/ 3.

1.

Heard.

2.

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

3.

As per the contention of respondent Nos. 1 to 6 that their land is already acquired by the Government and now they have no source of income, they are in dire need of compensation amount to meet their day-to-day expenses.

4.

The said application is strongly opposed by the learned advocate Mr. A.M. Kukday for the appellant, on the ground that the appellant has challenged the judgment and award as the compensation awarded is excessive and exorbitant one.

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25caf1223.2023.odt 5.

In view of the reasons mentioned in the application and considering the objection raised, it will be appropriate to permit the respondent Nos. 1 to 6 to withdraw the 75% amount through their Power of Attorney holder of respondent No.3/Ankush s/o Ramaji Sawasakade on due identification and verification. 6.

The Respondent No.3/Power of Attorney Holder shall file an affidavit after withdrawal of the amount to the extent that, he has disbursed the compensation amount as per the share of the other respondents. Civil application is disposed of.

First Appeal No. 151/2022 1.

Appellant is permitted to file the private paperbook within six weeks. 2.

Appeal be placed before the Court after filing of private paper-book and its verification, as per its own turn.

JUDGE Signed By:RAJESH K NANDURKAR rkn