Bombay High CourtCAF/2429/2022ca disposed off

Rangarao S/O Sopan Bondade v. The State Of Maharashtra Through Collector, Yavatmal And Others

2022-12-13Hon'Ble Shri Justice Avinash G. Gharote2 pages

(1) 24caf2429.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO. 2429/2022 IN FIRST APPEAL NO. 1273 OF 2019 Rangrao Sopan Bondade__ Vs. __State of Maharashtra and ors --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr.S.U.Nemade, Advocate for appellant Mrs.M.H.Deshmukh, AGP for Respondent Nos.1 & 2 Mr. A.M.Kukday, Advocate for Respondent No.3 CORAM :

AVINASH G. GHAROTE, J.

DATE : 13/12/2022 C.A.F. No.2429/2022 It is contended that though the judgment of this Court dated 11.9.2019, was only in relation to the share of the appellant Rangrao Sopan Bondade, which position has been clarified by the subsequent order dated 7.10.2019 and therefore, compensation only to the extent of the share of the appellant was required to be calculated and deposited, in its place, the amount has been calculated for the entire land, which comes to Rs.18,80,896/- and has been deposited in the Reference Court on 22.7.2022 in LAC No. 86/2010.

The present application seeks to withdraw the amount of compensation as enhanced by this Court by the judgment dated 11.09.2019 which is only to the extent of the share of the applicant.

(2) 24caf2429.22 The respondents are therefore directed to calculate the enhanced compensation to the extent of the share of the present applicant and place the calculation before the learned Reference Court, within a period of two weeks from today.

Upon the same being done, the applicant Rangrao Sopan Bondade shall be entitled to withdraw the said amount. The balance amount out of the sum of Rs.18,80,896/- as deposited with the learned Reference Court as indicated above, shall then be permitted to be withdrawn by the Respondent No.3-Executive Engineer (VIDC).

Civil application stands disposed of.

JUDGE Rvjalit Digitally sign byRAJESH VASANTRAO JALIT Location: