The Executive Engineer, Lower Wardha Canal Division, Vidarbha Irrigation Development Corporation v. Ashok Sadashivrao Mhase

1 caf3587.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CAF NO.3587/2017 IN FIRST APPEAL NO.771/2014 [The Executive Engineer, Lower Wardha Canal Division, VIDC, Wardha .vs. Ashok Sadashivrao Mhase and others] with CAF NO.3586/2017 IN FIRST APPEAL NO.837/2014 [The Executive Engineer, Lower Wardha Canal Division, VIDC, Wardha .vs. Ashok Sadashivrao Mhase and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri T.M. Zaheer, Advocate for Applicant-Appellant, Shri S.R. Deshpande, Advocate for R-1 to 3 in CAF 3587/2017 and R1 and 2 in CAF 3586/2017, Shri A.D. Sonak, AGP for R-4 and 5 in CAF 3587/2017 and R-3 and 4 in CAF 3586/2017.

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CORAM : KUM. INDIRA JAIN, J.

DATED : SEPTEMBER 06, 2017.

Heard. Perused judgment and award dated 12.11.2013 passed by the Reference Court in LAC Nos.76/2006 and 77/2006.

The Reference Court has enhanced compensation more than two times.

Respondent nos.1 to 3 are permitted to withdraw the amount of compensation to the extent of 50% on furnishing usual undertaking that in case appellant succeeds in appeal, they shall deposit the entire amount with interest thereon as per the direction of the court and 25% of the amount on furnishing security to the satisfaction of the learned Registrar (Judicial) within a period of six weeks. Both the civil applications are partly allowed to the extent of 75% withdrawal as above and disposed of.

JUDGE Gulande