The Executive Engineer, Bembla Project Division, Yavatmal v. Ambadas Ramchandra Dhote And Others

Order 110fa1666.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR FIRST APPEAL NO.1666 OF 2019 (The Executive Engineer, Bembla Project Division, Yavatmal .vs. Ambadas Ramchandra Dhote and Ors.) Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

Mr.Ms Madhura Gokhale, Advocate h/f.

Mr.P.B.Patil, Advocate for the Appellant.

Mr.A.S.Dhore, Advocate for respondent no.1.

Ms H.N.Jaipurkar, A.G.P. for respondent nos.

2 and 3.

CORAM

: N. W. SAMBRE, J.

DATE : 1.10.2019.

Heard.

Parties are at ad idem that the issue raised in the case in hand on the issue of justification of enhanced compensation is already decided vide Judgment in First Appeal No.349 of 2019 dt.29.7.2019.

This Court has confirmed the enhanced compensation for the plot area at 650- per sq.metre for open plot. As such, the appeal of the Acquiring Body is partly allowed to the aforesaid extent.

As far as claim for enhanced compensation about constructed area is concerned, the respondents are at liberty to pursue the same through an independent appeal.

Order 110fa1666.19 Proportionate amount of compensation is permitted to be withdrawn by the Claimant.

JUDGE jaiswal