Special Project Division, Thr. Its Executive Engineer, V.I.D.C., Amravati v. Panchafulabai Ganpat Banait (Deceased) Thr. Pramila Onkar Kharbade And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAF) NO 2845 OF 2025 AND CIVIL APPLICATION (CAF) NO. 2812 OF 2025 IN FIRST APPEAL ST NO. 25204 OF 2024 (Special Project Division,thr EE, Amravati Irrigation Dev. Corporation Vs. Late Panchafulabai Ganpat Banait thr LRs) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 to 3, 4A to 4C and 5 have filed these applications to permit them to withdraw the amount of compensation deposited by the appellant and to release the said amount in favour of applicant No. 2 'Ramshankar Ganpat Banait' as rest of the applicants have executed special power of attorney in his favour on 29.07.2025 authorizing him to accept the amount on their behalf, for which learned counsel for the appellant has given no objection.

3.

Having considered the reasons disclosed in the application and no objection of the learned counsel for appellant as well as having gone through the special power of attorney, in my view, the applicants are entitled to withdraw the amount of compensation deposited by the appellant along with accrued interest and also entitled to transmit the said amount in the bank account of applicant No. 2 Ramashankar Ganpat Banait. In view of the same, both applications are allowed.

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The Registrar (J) is directed to transmit the entire amount along with interest accrued thereon in the bank accounts of the applicant No.2, within eight weeks, on applicant No. 2's furnishing his bank account details and undertaking of the rest of the respondents to the Registry.

5.

The applicant No. 2 is directed to distribute the said amount to the rest of the applicants, as per the Award, within three weeks after receipt of the amount in his bank account and file the affidavit in that regard in the court.

6.

Learned counsel for appellant is permitted to bring the legal heirs of respondent No. 4 on record who died during the pendency of reference proceedings on 10.04.2021.

7.

Applicants/respondents No. 1 to 5 are directed to provide the name of the legal heirs/s of respondent No. 4 to the advocate of the appellant, along with a copy of the death certificate, within one week. (ABHAY J. MANTRI, J.) Belkhede