Vidarbha Irrigation Development Corporation Thr. Executive Engineer, Lower Wardha Project Division v. Dilip S/O Hanumantrao Mude And Others

caf.3338.15 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAF] No.3338 of 2015 in First Appeal No.295 of 2015 (Vidarbha Irrigation Development Corporation vs.

Dilip Hanumant Mude 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 S.D. Chopde, Advocate for Applicant/Respondent No.1 & 2. Shri S.K. Bhoyar, Advocate for Non-Applicant/Appellant. Shri N.S. Khubhalkar, A.G.P. for Non-Applicant/Respondent Nos.3 & 4. CORAM : R.K. DESHPANDE, J.

DATE : DECEMBER 15, 2015.

As the application is not objected, the same is allowed.

Necessary correction be carried out forthwith. Civil Application [CAF] No.3337/2015 :- Heard the learned Counsel appearing for the parties. The enhancement by the learned Appellate Court in compensation from Rs.65,984/- per hectare to Rs.1,23,200/- per hectare is on the basis of the sale-deeds dated 07/03/1998 and 21/12/1998, which were proximate to the notification issued under Section 4 of the Land Acquisition Act on 03/02/1999. In view of this, the claimants are permitted to withdraw the amount of compensation of Rs.4,34,590/-

caf.3338.15 2/2 deposited by the appellant in this Court subject to furnishing usual undertaking before the Registrar (Judicial) of this Court for refund of the amount in case the appeal succeeds with interest thereon at the rate of Rs.6% per annum. The civil application stands disposed of.

JUDGE *sandesh