Executive Engineer, Bembla Project Division, Yavatmal v. Bhimrao S/O Jaisingh Katkar And 2 Others

907-CAF-1662-16 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO.1662 OF 2016 IN FIRST APPEAL NO.1039 OF 2015 V.I.D.C. Thr. Executive Engineer, Bembla Project Division, Yavatmal. Tq. And Dist. Yavatmal -vs- Bhimrao s/o Jaising Katkar and ors.

------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri V. G. Palshikar, Advocate for appellant. Shri A. B. Nakshane, Advocate for respondent No.1/applicant. Shri H. R. Dhumale, AGP for respondent Nos.2 and 3. CORAM : A.S.CHANDURKAR, J.

DATE : May 06, 2016 Prayer is to permit the claimant to withdraw the amount of compensation deposited by the appellant. It is stated that the applicants had relied upon the sale instance of the year 1994 for seeking enhancement in the amount of compensation.

The application is opposed by the learned counsel for the appellant on the ground that an amount of Rs.750/- per sq. metr. has been accepted by the appellant as fair compensation in other cases.

In the aforesaid facts, the claimant is permitted to withdraw an amount of Rs.7,00,000/- on filing undertaking that in case the appeal is allowed, the amount withdrawn shall be repaid with interest at such rate the Court may direct. Remaining balance amount be invested in Fixed Deposit. Civil application is allowed and disposed of. JUDGE Asmita