Chief Executive Engineer, Minor Irrigation Division (V.I.D.C.) Yavatmal v. Shankarlal Omkarmal Mor And Others

caf 2951.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 2951 OF 2019 in FIRST APPEAL (FA) NO. 665 OF 2019 [Chief Executive Engineer Vs. Shankarlal Omkarmal Mor and ors.] ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order__________________________________________________________ Shri R. C. Raibhandare, Advocate for the appellant Shri V. N. Patre, Advocate for respondent no. 1 Shri Nikhil Joshi, AGP for respondent nos. 2 and 3 CORAM : M. G. GIRATKAR, J.

DATE : 08/08/2019 Heard learned Counsel Shri Raibhandare for the appellant, Shri Patre, learned Counsel for respondent no. 1 and Shri Joshi, learned AGP for the respondent nos. 2 and 3.

The appellant has deposited amount of compensation of Rs.74,46,186/- before the Reference Court.

From the perusal of the impugned judgment, it appears that the Reference Court has granted compensation at the rate of Rs.1,50,000/- per hectare for the irrigated land, Rs.1,00,000/- per hectare for the dry crop land and Rs.50,000/- per hectare for barren land. The Reference Court has also granted compensation at the rate of Rs.1,500/- per Orange and Sweet Lime tree, Rs.500/- per Orange and Sweet Lime Plants, Rs.550/- per Avala plant, Rs.400/- per mango plant, Rs.1500/- per Beri

caf 2951.2019.odt tree and Rs.1200/- per Bibba tree etc. The amount of compensation granted by the Reference Court is very reasonable.

Hence, respondent no. 1 is permitted to withdraw 75% amount on furnishing usual undertaking and remaining 25% amount after furnishing solvent surety before the Reference Court.

JUDGE SMGate