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Bombay High CourtCAF/3492/2016ca disposed off

Executive Engineer, Bembla Project Division, Yavatmal v. Umakant S/O Sudam Barde And 2 Others

2017-03-24Hon'Ble Shri Justice A.S. Chandurkar1 pages

924-CAF-3492-16 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.3492 OF 2016 IN FIRST APPEAL NO.691 OF 2016 Executive Engineer, Bembla Project Division, Yavatmal, Dist. Yavatmal -vsUmakant s/o Sudam Barde and ors.

----------------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri V. G. Palshikar, Advocate for appellant. Shri A. B. Nakshane, Advocate for respondent No.1/applicant.

Ms M. S. Naik, AGP for respondent Nos.2 and 3. CORAM : A.S.CHANDURKAR, J.

DATE : March 24, 2017 Prayer is to permit the claimant to withdraw the amount of compensation deposited by the appellant. It is submitted that in matters arising out of village Pahur from where the present proceedings arise, the appellant had accepted the rate of acquired land to be Rs.750/- per sq. mtr. The Reference Court has granted compensation at the rate of Rs.900 per sq. mtr.

In view of aforesaid, the claimant is permitted to withdraw 75% of the amount of compensation deposited in this Court on filing undertaking that in case the appeal is allowed said amount shall be repaid with interest at such rate the Court may direct. Rest of the amount shall be invested in Fixed Deposit. Civil application is disposed of. JUDGE Asmita