Bombay High CourtCAO/1276/2016admittedallwdgrantedrule absolute

Vidarbha Irrigation Devp. Corporation,Thr. Executive Engineer, Purna Medium Project Divison,Achalpu v. Narayan Wasudeo Band, And Others

2016-08-29Hon'Ble Shri Justice Z.A. Haq3 pages

1 caf1276.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.F. NO.1276/2016 IN FIRST APPEAL STAMP NO.14933/2015 Vidarbha Irrigation Development Corporation, through its Executive Engineer, Purna Medium Project Division, Achalpur ..Vs..

Narayan Wasudeo Band 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 J.B. Kasat, Adv. for the appellant.

Shri D.P. Dapurkar, Adv. for respondent No.1. Shri M.A. Kadu, A.G.P. for respondent Nos.2 and 3. CORAM : Z.A.HAQ, J.

DATED : 29.8.2016.

The Land Acquisition Officer had granted compensation at the rate of Rs.74,000/- per hector for 39 R land. Relying on the award passed in Land Acquisition Case No.29/2005 in respect of agricultural land situated at Mouja Kajali (different village), the Reference Court has determined the compensation at the rate of Rs.3,42,667/- per hector. The learned Advocate for the appellant has stated that the award passed in Land Acquisition Case No.29/2005 is challenged before this Court in appeal which is pending. Considering the facts of the case, specially that the respondent No.1 - claimant has not stated that he is rendered landless after acquisition of 39 R land and as there is no independent evidence on record to substantiate the

2 caf1276.16 claim, the claimant - respondent No.1 is permitted to withdraw 40% of the amount on furnishing solvent surety/security to the satisfaction of Registrar (J.) of this Court. The balance amount be kept in fixed deposit in nationalized bank. The civil application is allowed in the above terms. No costs.

JUDGE Tambaskar.

3 caf1276.16 CERTIFICATE original signed Judgment/Order".

Uploaded By : N.V. Tambaskar.

Uploaded On : 30.8.2016.

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