Executive Engineer (V.I.D.C.) Minor Irrigation Division, Washim v. Santosh S/O Narayan Tayade And Another

14 CAF-1360-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

C IVIL APPLICATION (F) NO.1360 OF 2023 IN FIRST APPEAL NO.1024 OF 2017 [Executive Engineer, VIDC ..V/s.. Santosh Narayan Tayade and Anr.] ________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Ms U. A. Patil, Advocate for Applicant/Appellant. Mr A. Darekar, Advocate for Respondent No.1.

Mr K. L. Dharmadhikari, AGP for Respondent No.2. CORAM : URMILA JOSHI-PHALKE , J.

DATE : 4 th MAY, 3 .

.

By this application, the respondent No.1 is seeking permission for withdrawal of the amount on the ground that the appellant has already lost his land due to the compulsory acquisition. Now, he is not getting any income from the rest of the land, and therefore, he is in dire need of money for his livelihood.

2.

The said application is strongly opposed by the learned Advocate Ms Patil for appellant on the ground that 50% amount of compensation is already withdrawn by the respondent No.1. The appellant has challenged the quantum of compensation. The compensation awarded is excessive and exorbitant one. 3.

Perused the application and ground raised therein as well as objection raised by the appellant, it will be appropriate to permit the respondent No.1 to withdraw 25% amount of the compensation alongwith accrued interest on due identification and verification.

4.

The civil application is disposed of.

ASHOKRAO TAMBE Personal Assistant to Hon'ble JUDGE JUDGE TAMBE