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Bombay High CourtFA/85/2017partly allowed

The Executive Engineer, Work Division Xviii, Fatorda., v. Caetano Ruzario Silveira (Dec) Rep. By Severina M. A. Silveira.,

2022-03-11Hon'Ble Shri Justice M. S. Sonak2 pages

231-FA-85-17.DOC Santosh

IN THE HIGH COURT OF BOMBAY AT GOA

FIRST APPEAL NO.85/2017 The Executive Engineer, Work Division XVII, Fatorda, Ponda, Goa.

... Appellant.

Versus

Caetano Ruzario Silveira, since deceased, represented by Severina M.A. Silveira, r/o. Mahalwada, Marcaim, Ponda, Goa.

... Respondents.

Mr. Maria Correia, Additional Govt. Advocate for the Appellant. Mr. Sameer Pundalik Khedekar, Advocate for the Respondent.

CORAM:

M. S. SONAK J.

DATED:

11th March 2022 ORAL JUDGMENT :- 1.

The learned Counsel for the parties state that this Appeal will be covered by the Judgment and Order now pronounced in First Appeal No. 86/2017. Accordingly, even this Appeal is partly allowed and the rate is now determined at 200/- per sq. metre, ₹ instead of 250/- per sq. metre. The impugned Award is ₹ modified to this extent only. The other directions in the impugned Award are not interfered with and maintained. th March 2022

231-FA-85-17.DOC 2.

The Appellant has deposited the awarded amount in this Court. The Respondent (Claimant) will now be entitled to withdraw from the deposited amount the compensation at the rate now determined, together with proportionate interest. The Appellant will be entitled to withdraw the balance amount, together with proportionate interest. Registry to facilitate the withdrawals. The Respondent (Claimant) will have to furnish identification and bank details, so that the Registry can transmit the amount in bank accounts directly.

3.

The Appeal is disposed of in the aforesaid terms. 4.

There shall be no order for costs.

M. S. SONAK, J.

Date: 2022.03.14 11:28:40 +05'30'

SANTOSH S MHAMAL th March 2022