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Bombay High CourtCAF/2568/2017ca disposed off

Vidarbha Irrigation Development Corporation Through Its Executive Engineer,Lower Wardha Project Div v. Sau. Pushpabai Champalal Taori And 2 Others

2017-07-10Hon'Ble Dr. (Smt.) Justice Shalini Phansalkar-Joshi2 pages

fa506.16.O.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR FIRST APPEAL NO.506 OF 2016 (V.I.D.C. thr. its Executive Engineer, Lower Wardha Project Division, Wardha Vs. Sau. Pushpabai Champalal Taori and others) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri Vinay Dahat, Advocate for Appellant.

Shri Pramod Dharaskar, Advocate h/f Shri Anand Parchure, Advocate for Respondent No.1.

Ms. Shamsi Haider, AGP for Respondent Nos.2 & 3. CORAM: DR. (SMT.) SHALINI PHANSALKAR-JOSHI, J. DATE: 10 th JULY, 2017.

Civil Application (F) No.2568/2017:

Heard.

This is an application filed by the original claimant for withdrawal of the amount of compensation of Rs.55,37,883/-.

Learned counsel for the appellant submits that considering the huge amount of compensation, and also having regard to the fact that Reference Court had enhanced the compensation four times, the amount awarded by the Special Land Acquisition Officer, claimant should not be permitted to withdraw the entire amount. Considering his submission the application is partly allowed. Respondent No.1-claimant is permitted to withdraw only 75% of the amount subject to furnishing an usual undertaking and for 50% of the amount, out of 75%,

fa506.16.O.odt 2 he should also furnish solvent/security to the satisfaction of the Registrar (Judicial) of this Court.

The application is disposed of.

JUDGE NSN