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Bombay High CourtCAF/2156/2017ca disposed off

Vidarbha Irrigation Development Corporation, Through Its Executive Engineer, Wardha v. Dhirendra Badrilal Jaiswal And 2 Others

2017-05-05Hon'Ble Shri Justice Nitin W. Sambre1 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT NAGPUR CIVIL APPLICATION NO.2156 OF 2017 IN FIRST APPEAL NO.141 OF 2017 V.I.D.C., through its Executive Engineer, Lower Wardha Project Division, Wardha, Tah. and Dist.

Wardha ..Appellant

Versus

Dhirendra Badrilal Jaiswal and ors.

..Respondents Mr S.K. Bhoyar, Advocate for appellant Mr A.C. Dharmadhikari, Advocate for respondent no.1 Mr M.A. Kadu, AGP for respondents no.2 and 3 CORAM : N.W. SAMBRE, J.

DATE : 5th May 2017 PER COURT 1.

There are no justifiable reasons for enhancing compensation from Rs.1,25,000/- per hectare to Rs.2,50,000/- per hectare, 2.

In the aforesaid background, in my opinion, it will be appropriate to permit the respondent-claimant to withdraw amount to the extent of 60%, upon furnishing usual undertaking to the satisfaction of Registrar (Judicial).

3.

The balance amount be kept in fix deposit initially for a period of three years and thereafter to be renewable till disposal of the appeal. 4.

Civil Application stands allowed in above terms. ( N.W. SAMBRE, J.) vvr