Executive Engineer, Khadakpurana Project, Deulgaon Mahi v. Madhav Kisan Wagh (Dead) Through Lrs. Ganesh Madhav Wagh And Others

1310caf3994.17 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO.3994 OF 2017 IN FIRST APPEAL NO.502 OF 2017 (Executive Engineer, Khadakpurna Project vs. Madhav Kisan Wagh, since deceased, through legal heirs and others) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Shri B.N. Palve, Advocate for applicants.

Shri S.K. Bhoyar, Advocate for appellant.

Ms. T. Udeshi, Assistant Government Pleader for respondent nos.3 and 4.

-------- CORAM : P.N. DESHMUKH, J.

DATED : OCTOBER 13, 2017 This application is moved by applicants for withdrawal of decretal amount deposited by appellant. The applicants are original respondent nos.1 and 2 in the appeal and their land was acquired on 1/1/1998. They were paid less compensation by Land Acquisition Officer and as such, they preferred reference under Section 18 of Land Acquisition Act, 1894. Same was decided, against which appellant preferred First Appeal No. 502/2017 wherein initially stay was granted on depositing entire decretal amount by appellant and the said first appeal is finally disposed of as dismissed. Pending appeal, appellant has deposited entire decretal amount as per directions of this Court to the extent of Rs.7,70,963/-. In view of dismissal of appeal as aforesaid, application is allowed. The applicants are allowed to withdraw amount of

1310caf3994.17 2/2 Rs.7,70,963/- along with accrued interest, if any, on the said amount.

Registry to act.

The civil application is disposed of.

JUDGE khj