The Deputy Chief Engineer, Central Railway Division, Ajani, Nagpur v. Sayyad Yusuf Sayyad Musa And Others

2024:BHC-NAG:13119-DB 1 35) CAF 3451-24 in FAst 18601-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO. 3451 OF 2024 IN CIVIL APPLICATION (CAF) NO. 3123 OF 2023 IN FIRST APPEAL (ST.) NO. 18601 OF 2023 THE DEPUTY CHIEF ENGINEER (CONSTRUCTION), CENTRAL RAILWAY DIVISION, AJANI, NAGPUR ...Vs...

SAYYAD YUSUF SAYYAD MUSA AND ORS.

Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Shri N.P.Lambat, Advocate for appellant.

Shri A.B.Nakshane, Advocate for respondent no. 1. CORAM: SMT. M.S.JAWALKAR AND M.W. CHANDWANI,, JJ.

DATED : 29th NOVEMBER, 2024.

Heard.

2.

The present application is filed by the claimant seeking permission to withdraw the amount of compensation, which has been deposited by the acquiring body in view of the award passed by the Competent Authority under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

3.

Initially, the Land Acquisition Officer had 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,

2 35) CAF 3451-24 in FAst 18601-23.odt the Appellate Tribunal has fixed the compensation @ Rs.2,100/- per sq. meter.

4.

The learned Counsel for claimant apart from merit, would submit that the appeal is not maintainable, since the provision for condonation of delay would not apply.

5.

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 bank guarantee in the like amount on usual terms and conditions.

6. Civil Application is accordingly allowed and disposed of.

(M.W. CHANDWANI, J.) (SMT. M.S.JAWALKAR, J.) B.T.Khapekar