Vidarbha Irrigation Development Corporation, Through Its Executive Engineer, Yavatmal v. Naresh Samirmal Kotecha And 2 Others

29 caf 2492-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.2492/2024 IN FIRST APPEAL NO.909/2012 Vidarbha Irrigation Development Corporation thr. Its Executive Engineer Bembla Project Division, Yavatmal Vs.

Naresh s/o Samirmal Kotecha 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 J.B. Kasat, Advocate for appellant Shri D.A. Sonwane, Advocate for respondent No.1 Shri A.M. Ghogre, AGP for respondent Nos.2 and 3/State CORAM : SMT. M.S. JAWALKAR AND M.W. CHANDWANI, JJ.

DATE : 04/12/2024 1.

The present application is filed for permission to withdraw remaining 50% of the decreetal amount deposited by the applicant. Vide order dated 27.06.2014, the decreetal amount was deposited and respondent No.1 was granted liberty to withdraw 50% of the same and remaining 50% was directed to be invested in the fixed deposit in any nationalized Bank subject to result of the appeal. As such, 50% of decreetal amount deposited by appellant is lying in this Court.

2.

In view of the order passed by this Court in First Appeal No.909/2012 while deciding appeal finally, the

29 caf 2492-2024.odt respondent was directed to refund the amount of Rs.1,85,000/- towards difference of compensation for Awala trees to the Acquiring Body within a period of three months, failing which, the respondent is directed to pay interest @ 6% per annum on the said amount.

3.

The learned Counsel for applicant is ready to give an undertaking that whatever amount of compensation along with accrued interest is lying with this Court after deducting the amount of Rs.1,85,000/- and interest as per direction in Clause 3 of the order is payable to the applicant, the amount of Rs.1,85,000/- along with interest @ 6% be adjusted and paid to the Acquiring Body. 4.

The Registry to calculate the same and disburse the amount of compensation deducting amount payable/refundable to Acquiring Body with interest as per directions of this Court in First Appeal. Acquiring Body is entitled to get refund with interest as per direction of this Court.

5.

The Nazir to take necessary steps.

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