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Bombay High CourtCAO/829/2025allowed

Special Project Division, Thr. Its Executive Engineer, V.I.D.C., Amravati v. Lilavati Ramesh Khandekar And Another

2025-08-13Hon'Ble Shri Justice Abhay J. Mantri2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAO) NO 829 OF 2025 IN FIRST APPEAL ST NO. 11994 OF 2024 (Special Project Division,thr EE, Amravati Irrigation Dev. Corporation Vs. Lilavati Ramesh Khandekar and ors) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. Ashtha Sharma, Adv h/f Mr. P.R. Agrawal, Advocate for appellant. Mr. Astha Sharma, Advocate for respondent Nos. 1 and 2. Mrs. Dhande, AGP for respondent Nos. 3 and 4. CORAM : ABHAY J. MANTRI, J.

DATED : 13-08-2025 Heard.

2.

Applicants/respondent Nos. 1 and 2 have filed this application to permit them to withdraw the amount of compensation deposited by the appellant, for which learned counsel for the appellant has given no objection.

3.

Having considered the reasons disclosed in the application, as well as no objection of the learned counsel for the appellant, the application is allowed as prayed. The applicants are permitted to withdraw the entire compensation amount along with interest accrued thereon on a usual undertaking.

4.

It appears that in the award, no apportionment of the compensation was made. So, learned counsel for the applicant submits that the applicants were the joint owners of the acquired land and therefore, he urged that the compensation amount be distributed equally among all the applicants. That being so, in my view, it would be proper to pass an order regarding the apportionment of the amount to ensure effective disbursement of the amount.

5.

As such, the Registrar (J) is directed to transfer the amount along with interest accrued thereon in the respective bank accounts

2 16caf829.2025..odt of the applicants Nos. 1 and 2, in equal proportion, on their furnishing bank account details and usual undertaking to the Registry. (ABHAY J. MANTRI, J.) Belkhede