Bombay High CourtCAF/2306/2016admittedallwdgrantedrule absolute

Vidarbha Irritation Development Corporation, Through Executive Engineer, Bembla Project Division v. Narayan S/O Ganpat Kawalkar And 3 Others

2016-08-22Hon'Ble Shri Justice Z.A. Haq3 pages

1 caf2306.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.F. NO.2306/2016 IN FIRST APPEAL NO.672/2015 Vidarbha Irrigation Development Corporation, through Executive Engineer, Bembla Project Division, Yavatmal ..VS..

Narayan s/o Ganpatrao Kawalkar and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.B. Patil, Advocate for the applicant/appellant. Ms. S.Z. Haider, A.G.P. for respondent Nos.3 and 4. CORAM : Z.A.HAQ, J.

DATED : 22.8.2016.

For the reasons stated in the application, the appellant is permitted to deposit the amount as per the order passed on 23rd November, 2015, within four weeks. If the amount is deposited within four weeks, the interim order granted on 23rd November, 2015 shall continue till the decision of the appeal. The civil application is allowed accordingly.

FIRST APPEAL NO.672/2015.

Shri A.B. Nakshane, Advocate for the respondent Nos.1 and 2 has pointed out the terms of compromise in Land Acquisition Case No.518/2012 by which the Executive Engineer, Bembla Project, Yavatmal and Deputy Collector (Land Acquisition), Minor Irrigation Work No.2 accepted the liability of paying compensation to the claimant in those proceedings at the rate of Rs.750/- per Sq. Meter. This fact is not disputed on behalf of the appellant.

2 caf2306.16 The Reference Court has granted compensation at the rate of Rs.900/- per Sq. Meter. This Court, by the order dated 23rd November, 2015, has directed the appellant to deposit 75% of the decretal amount. If the respondent Nos.1 and 2 are permitted to withdraw the amount deposited by the appellant, it will be less than Rs.750/- per Sq. Meter as agreed in the terms of compromise referred above. In the above facts, the amount deposited by the appellant be given to the respondent Nos.1 and 2, alongwith interest on it, if any in ratio of 50 : 50, unconditionally. JUDGE Tambaskar.

3 caf2306.16 CERTIFICATE original signed Judgment/Order".

Uploaded By : N.V. Tambaskar.

Uploaded On : 24.8.2016.

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