The Executive Engineer, Bembla Project Division (V.I.D.C.), Yavatmal v. Devidas Bhudhaji Pawar And 2 Others

FA 376.16.

1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (F) No.1302/2022 in First Appeal No.376/2016 (D) Executive Engineer, Bembla Project Division No.6, Yavatmal V Devidas Pawar and others ************************************************************************************* Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

************************************************************************************* Ms Mallika Babhulkar, Advocate h/f Mr. M.A. Kadu, Advocate for appellant. Mr. R.D. Hajare, Advocate for resp. no.1.

Mr. K.L. Dharmadhikari, AGP for resps. no.2 and 3. CORAM : ABHAY AHUJA, J.

DATE : 13-09-2022 By judgment dated 17-12-2018, First Appeal No.376/2016 came to be decided in favour of the appellant. By an application dated 10-06-2022, the applicant being respondent no.1 in the First Appeal prayed for filing of a calculation sheet as per the judgment and also for a prayer to withdraw the compensation amount as per the calculation filed. The calculation has been filed by a Pursis dated 25-03-2019. A copy of the same has also been served upon the applicant/respondent no.1. 2.

Mr. Hajare, learned Counsel for the applicant/respondent no.1 submits that he has taken instructions from his client that the calculation as filed in this Court is acceptable to him.

3.

It is observed from the calculation sheet that an amount of Rs.3,82,101/- was deposited in this Court on 01-01-2016. As per the calculation sheet, with respect to the area

FA 376.16.

2/2 acquired, the applicant is to receive Rs.3,72,124/-. Let an amount of Rs.3,72,124/- be withdrawn along with interest by the applicant within a period of two weeks.

4.

Let the balance amount of Rs. 9,977/- be withdrawn by the acquiring body viz; Executive Engineer, Bembla Project, Division No.5, Yavatmal with interest within a period of two weeks.

5.

The Registry is directed to comply with the aforesaid order within time.

6.

The application stands disposed of in above terms. No costs.

(Abhay Ahuja, J.) Deshmukh