Bombay High CourtCAF/3947/2016ca disposed off

The Executive Engg., Lower Wardha Project Div., Vidarbha Irrigation Development Corporation, Wardha v. Moreshwar Keshavrao Pingale And Others

2016-12-08Hon'Ble Shri Justice Sunil B. Shukre2 pages

caf.3946.16 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAF] No.3946 of 2016 in First Appeal Stamp No.10260 of 2014 (The Executive Engineer, Lower Wardha Project Division, V.I.D.C., Wardha vs.

Moreshwar Keshavrao Pingale 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.S. Godbole, Advocate for the Applicant/Appellant. Shri S.D. Chopde, Advocate for Respondent No.1. Shri N.R. Roade, A.G.P. for Respondent Nos.2 to 4.

CORAM

: S.B. SHUKRE, J.

DATE : 8 th DECEMBER, 2016.

Heard.

For the reasons stated in the application, the application is allowed. The delay is condoned and the appeal be registered.

The application is disposed of.

First Appeal Stamp No.10260/2014 :

Heard.

Admit.

Call for record and proceedings.

Civil Application [CAF] Stamp No.10262/2014 : Heard.

The amount has been deposited in terms of order dated 11/08/2016, the ad interim stay granted by this Court

caf.3946.16 2 shall continue till final disposal of the appeal. The application is disposed of.

Civil Application [CAF] No.3947/2016 :

Heard the learned Counsel appearing for the parties.

In the similar matter, the Division Bench of this Court has confirmed the rate of Rs.3,500/- per orange tree on 09/01/2015 in First Appeal No.205/2006 and other connected matters.

Keeping in view the enhancement granted for acquisition of the land and the compensation for orange tree, the claimant can be permitted to withdraw 75% of the amount deposited by the appellant upon furnishing usual undertaking and the balance 25% upon furnishing solvent surety, both to the satisfaction of the Registrar (Judicial) of this Court.

The civil application stands disposed of.

*sdw JUDGE