The Deputy Chief Engineer, Central Railway Division, Ajani, Nagpur v. Sau. Jyoti Mahesh Agrawal And Others

2024:BHC-NAG:11536-DB 1 14

IN THE HIGH

COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION CAF NO.3208 OF 2023 IN FIRST APPEAL ST NO.7707 OF 2023 THE DEPUTY CHIEF ENGINEER, CENTRAL RAILWAY DIVISION, AJANI, NAGPUR VS SAU. JYOTI MAHESH AGRAWAL AND OTHERS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. N.P. Lambat, Advocate for the appellant Mr. Phasate, AGP for the State Ms P.V. Ganediwala, Advocate along with Mr. P.R. Agrawal, Advocate for the respondent No.1/applicant CORAM: VINAY JOSHI AND ABHAY J. MANTRI, JJ.

DATED : 15/10/2024.

Heard.

By this application, the applicant is seeking permission to withdraw the compensation which has been deposited by the acquiring body in view of the Award passed by the Competent Authority under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Initially the Land Acquisition Officer has awarded compensation @ Rs.10,30,000/- per hector. According to claimant, the compensation should have been granted @ Rs.30,000/- per square meter. Having regard to the evidence, coupled with the documents, the Appellate Tribunal has fixed the compensation @ Rs.2,100/- per sq. meter.

The learned counsel for claimant apart from merit, would

2 14 submit that appeal is not maintainable, since the provision for condonation of delay would not apply.

Having regard to the nature of evidence and after going through the impugned judgment, we deem it appropriate to permit the claimant to withdraw 50% of the amount with accrued interest, on usual undertaking and next 25% amount along with accrued interest, if any, on furnishing solvent surety or bank guarantee in the like amount on usual terms and conditions. Civil Application is accordingly allowed and disposed of. (ABHAY J. MANTRI, J.) (VINAY JOSHI, J.) ND.THAWRE PA