V. I. D. C. Through Executive Engineer, Minor Irrigation Depatment-Ii, Karanja v. Naresh Gunwantrao Wakte (Patil) And Others

49 CAF-1952-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

C IVIL APPLICATION (F) NO.1952 OF 2022 IN FIRST APPEAL NO.

OF [Vidarbha Irrigation Development Corporation ..V/s.. Naresh Gunwantrao Wakte (Patil) and Ors.] ________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr A. M. Kukday, Advocate for Applicant/Appellant. Mr A. R. Patil, Advocate for Respondent No.1. Ms T. H. Udeshi, AGP for Respondent Nos.2 and 3. CORAM : URMILA JOSHI-PHALKE , J.

DATE : 6 th MARCH , 202 3 .

.

Mr Kukday, learned Advocate for the applicant/appellant submits that the amount is already deposited, however, this application is remained pending.

2. In view of the statement made by Mr Kukday, learned Advocate for the appellant, Civil Application No.1952 of 2022 is disposed of.

CIVIL APPLICATION (F) NO.573 of 2023.

3. By this application, the applicant - respondent No.1 is seeking permission for withdrawal of the compensation amount.

4. As per the contention of the applicant, the appellant has deposited the entire amount of compensation alongwith the accrued interest. The applicant - respondent No.1 has lost his source of income, as his land was acquired by the Government. Now, he is in difficulty and facing financial crisis, therefore he

49 CAF-1952-2022 may be permitted to withdraw the entire amount of compensation.

5.

In view of the reasons mentioned in the application and the objection raised, at this stage it will be appropriate and just to permit the applicant - respondent No.1 to withdraw 50% of the amount of compensation on usual undertaking and 25% of the amount on furnishing the surety/security. 6.

Registry to disburse the amount on due identification and verification.

7.

Civil Application No.573 of 2023 is disposed of. JUDGE TAMBE ASHOKRAO TAMBE Personal Assistant to Hon'ble JUDGE