Bombay High CourtCAF/2619/2016ca disposed off

Vidarbha Irrigation Development Corporation, Through Executive Engineer, Bembla Project, Yavatmal v. Sanjay Sheshrao Jaisingpure And 2 Others

2016-09-14Hon'Ble Shri Justice Z.A. Haq2 pages

1 caf2619.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.F. NO.2619/2016 IN FIRST APPEAL NO.658/2015 V.I.D.C., through the Executive Engineer, Bembla Project Division, Yavatmal ..Vs..

Sanjay Sheshrao Jaisingpure and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. Smita Dashputre, Advocate for the appellant. Mr. A.B. Nakshane, Advocate for respondent No.1. Mr. S.B. Bissa, A.G.P. for respondent Nos.2 and 3. CORAM : Z.A.HAQ, J.

DATED : 14.9.2016.

Shri A.B. Nakshane, Advocate for the respondent No.1 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.

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 amount. If the respondent No.1 is 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 alongwith interest on it. JUDGE Tambaskar.

2 caf2619.16 CERTIFICATE original signed Judgment/Order".

Uploaded By : N.V. Tambaskar.

Uploaded On : 15.9.2016.

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