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Bombay High CourtCAF/1816/2023ca disposed off

Vidarbha Irrigation Devp. Corporation, Through Executive Engineer, Yavatmal Medium Project Division v. Shamrao Nandu Rathod And Others

2023-07-05Hon'Ble Justice Urmila Joshi Phalke2 pages

901.ca.1816.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO.1816 OF 2023 IN FIRST APPEAL NO.1013 OF 2017 (V.I.D.C. Vs. Shamrao s/o Nandu Rathod and ors.) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri V.V. Dahat, Advocate for the appellant.

Shri A.B. Nakshane, Advocate for R. No.1.

AGP for the State.

CORAM:- URMILA JOSHI-PHALKE, J.

DATED :- JULY 05, 2023.

Heard.

2.

Present application is for speaking to minutes. 3.

First Appeal No.1013/2017 along with CrossObjection No.11/2020 is disposed of. 4.

This Court has modified the judgment of the Reference Court to the extent that the claimant is entitled to receive the compensation @ Rs.5000/- for 952 orange trees. However, in paragraph No.19 it is inadvertently mentioned that "the acquiring body shall calculate the amount of compensation and shall deposit the enhanced amount of compensation along with the accrued interest in accordance with the Judgment of the Reference Court". 5.

In paragraph No.20 it is further mentioned that "the claimant is at liberty to withdraw the balance amount of compensation on depositing the same with accrued interest".

901.ca.1816.2023.odt 6.

This Court has already enhanced the amount of compensation as far as the orange trees are concerned therefore, paragraph No.19 deserves to be corrected as follows :

"The acquiring body shall calculate the amount of compensation and shall deposit the enhanced amount of compensation along with the accrued interest in accordance with the Judgment of this Court."

7.

Paragraph No.20 it is to be corrected as follows:

"The claimant is at liberty to withdraw the balance amount of compensation along with accrued interest."

8.

The application is disposed of.

9.

Corrected judgment be uploaded accordingly.

(URMILA JOSHI-PHALKE, J.) *Divya