Executive Engineer (V.I.D.C.) Bembla Project Division, Yavatmal v. Chandrashekhar Parashram Wanjari And 2 Others

02caf1607.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO. 1607 OF 2021 IN FIRST APPEAL NO. 418 OF 2016 (D) (Executive Engineer, V.I.D.C., Yavatmal Vs. Chandrashekhar Parsshram Wanjari & ors.) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order --------------------------------------------------------------------------------------------------------- Shri M.A. Kadu, Advocate with Ms. Mallika Babhulkar, Advocate for the appellant.

Shri K.S. Narwade, Advocate for respondent No. 1. Mrs. M.H. Deshmukh, A.G.P. for respondent Nos.2 and 3. CORAM:- PUSHPA V. GANEDIWALA , J.

DATED :- AUGUST 24, 2021 Heard.

The applicant/respondent No.1 is seeking withdrawal of the balance amount of compensation which was deposited by the appellant with the Registry of this Court vide CCDR No. 1192 on 12/05/2016.

It is stated that 50% of the aforesaid amount was allowed to be withdrawn by respondent No.1. Thereafter appeal of the State came to be allowed partly and instead of rate of Rs.1,43,000/- per hectare which was granted by the learned Reference Court, this Court reduced the rate to Rs.1,40,000/- per hectare. In these circumstances, the balance amount of compensation by calculating at the rate of Rs.1,40,000/- per hectare be released to the claimant and the exceeding

02caf1607.21.odt amount which was deposited by the State be refunded to the appellant-V.I.D.C. with proportionate interest thereon. The application stands disposed of.

JUDGE *DB