The Deputy Chief Engineer, Central Railway Division, Ajani, Nagpur v. Pradip Gurudasmal Lakhani And Others

31 CAF 2048-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.3513/2024 IN FIRST APPEAL ST. NO.7854/2023 The Deputy Chief Engineer, Central Railway Division, Ajani, Nagpur Vs.

Pradip Gurudasmal Lakhani and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri N.P. Lambat, Advocate for appellant Shri A.A. Naik, Senior Advocate a/w Shri R.R. Deo, Advocate for respondent No.1 CORAM : SMT. M.S. JAWALKAR AND M.W. CHANDWANI, JJ.

DATE : 04/12/2024 1.

Heard.

2.

The present application is filed by claimant seeking permission to withdraw the amount of compensation, which has been deposited by the acquiring body in view of the award passed by the Competent Authority under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 3.

Initially the Land Acquisition Officer has awarded compensation @ Rs.10,30,000/- per hector. According to claimant, the compensation should have been granted @

31 CAF 2048-2023.odt Rs.30,000/- per square meter. Having regard to the evidence, coupled with the documents, the Appellate Tribunal has fixed the compensation @ Rs.21,000/- per sq. meter.

4.

The learned Counsel for claimant apart from merit, would submit that appeal is not maintainable, since the provision for condonation of delay would not apply. 5.

Having regard to the nature of evidence and after going through the impugned judgment, we deem it appropriate to permit the claimant to withdraw 50% of the amount with accrued interest, on usual undertaking and next 25% amount along with accrued interest, if any, on furnishing solvent surety or bank guarantee in the like amount on usual terms and conditions.

6.

Civil Application is accordingly allowed and disposed of.

(M.W. CHANDWANI, J.) (SMT. M.S. JAWALKAR, J.) R.S. Sahare