Bombay High CourtCAF/2055/2021allowed

Vidarbha Irrigation Development Corporation, Through Executive Engineer, Bembla Project, Yavatmal v. Mahadeo Samsa Singane (Deceased), Through Its L.Rs. Sudhakar Mahadeo Singane And 2 Others

2021-10-13Hon'Ble Shri Justice Avinash G. Gharote2 pages

caf2055.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (F) NO. 2055/2021 IN FIRST APPEAL NO. 1151/2015 (d) Executive Engineer, Bembla Project Division ...Versus...

Mahadeo Shingane and ors - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----------- Mr. Waghmare h/f Mr. P.B.Patil, Advocate for appellant. Mr. A.B.Nakshane, Advocate for Respondent No.1 Mr. A.A.Madiwale, AGP for Respondent Nos. 2 and 3 CORAM : AVINASH G. GHAROTE, J.

DATE : 13/10/2021 CAF NO. 2055/2021 This application is for withdrawal of amount of compensation filed by Respondent No.1.

This court by the judgment dated 21.2.2019 has adjudicated the compensation of the open plot at the rate of Rs.750/- per sq.m. and the enhancement granted for the constructed area is maintained. The calculations regarding this have been placed on record along with the Pursis Stamp No. 4323/2020, dated 7.7.2020, which is not disputed by learned counsel for the petitioner. Some amount has already been received by the claimant, who is respondent No.1. As per the said calculations what is to be received by the appellant is an amount of Rs. 3225/- and what is payable to Respondent no.1 is sum of Rs. 91846/-, as per the Civil Application No.

caf2055.21.odt 2055/21, which is not disputed by Mr. Waghmare, learned counsel for appellant, in view of which the amount of Rs. 3225/- be paid to the appellant and sum of Rs. 91846/- be paid to Respondent no.1.

Civil application is accordingly allowed in above terms.

JUDGE rvjalit Digitally sign byRAJESH VASANTRAO JALIT Location: