The Deputy Chief Engineer, Central Railway Division, Ajani, Nagpur v. Shri.Jagdamba Devi And Shri Shankarji Devasthan,Yavatmal Thr. Kulbhushan Gokulprasad Tiwari And ORS

2024:BHC-NAG:11348-DB Order 2309caf1455.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION [CAF] NO.1455/2024 IN CIVIL APPLICATION [CAF] NO.3121/2023 IN FIRST APPEAL ST.

NO. 18597/2023.

The Deputy Chief Engineer, Central Railway.-VERSUS- Smt.Jagdamba Devi and others. CIVIL APPLICATION [CAF] NO.1453/2024 IN CIVIL APPLICATION [CAF] NO.1000/2024 IN FIRST APPEAL ST.

NO. 6403/2024.

The Deputy Chief Engineer, Central Railway.-VERSUS- Pramod Jagdish Tiwari and others. ___________________________________________________________________________________ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

Shri N.P. Lambat, Advocate for Applicant/Appellant. Shri M.M. Agnihotri, K. Pathan, A.P.P. for Applicants/Nonapplicants/Claimants. Ms M.H. Deshmukh, A.G.P. for Non-applicant /State. CORAM : VINAY JOSHI AND VRUSHALI V. JOSHI , JJ.

DATE : SEPTEMBER 23 , 2024.

Heard.

2.

Both applications are filed by claimants seeking permission to withdraw the amount of compensation, which has been deposited by the acquiring body in view of the award passed by the Competent Authority under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Rgd.

Order 2309caf1455.23 3.

Initially the Land Acquisition Officer has awarded compensation @ Rs.10,30,000/- per hector. According to claimants, the compensation should have been granted @ Rs.30,000/- per square meter. Having regard to the evidence, coupled with Corrected as per Courts order dated 07.10.2024.

the documents, the Appellate Tribunal has fixed the compensation @ Rs.2,100/- per sq. meter.

4.

The learned Counsel for claimants apart from merit, would submit that appeals are not maintainable, since the provision for condonation of delay would not apply.

5.

Having regard to the nature of evidence and after going through the impugned judgment, we deem it appropriate to permit the claimants to withdraw 50% of the amount with accrued interest, on usual undertaking and next 25% amount along with accrued interest, if any, on furnishing solvent surety or bank guarantee in the like amount on usual terms and conditions.

6.

Civil Applications are accordingly allowed and disposed of.

JUDGE JUDGE Rgd.