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Bombay High CourtMCA/477/2024disposed of

Prabhat Sadashiv Naik And ANR., v. The Executive Engineer, Works Division-Iii (Phe) Panaji And ANR.,

2025-09-19Hon'Ble Smt. Justice Bharati Dangre2 pages

MCA 477 of 2024 Amrut

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO.477 OF 2024 IN FIRST APPEAL NO.5 OF 2017 PRABHAT SADASHIV NAIK AND ANR., ... APPLICANT

Versus

THE EXECUTIVE ENGINEER, WORKS DIVISION-III (PHE) PANAJI AND ANR., ... RESPONDENTS Mr. R.G. Ramani, Senior Advocate with Mr. Vinayak Nevrekar, Advocate for the Applicants.

Ms. Susan Linhares, Additional Government Advocate for the Respondents.

CORAM:- BHARATI DANGRE, J.

DATED :- 19th September, 2025 P.C.:

The First Appeal is filed being aggrieved by the award dated 27.09.2016, by the Ad-hoc District Judge-2 (FTC), Panaji Goa, in Land Acquisition Case No.1/2023, where the compensation is awarded at the rate of 113/- per square metre and being aggrieved by the amount of Rs.250/- per square metre being granted as against the claim of Rs.1200/- per square metre.

The aforesaid appeal is admitted by this Court. The learned Senior Counsel Mr Ramani by inviting my attention to the Misc. Civil Application No.477 of 2024 submit that the respondent Executive Engineer, Works Division-III has deposited an 19th September, 2025

MCA 477 of 2024 amount of Rs.4,43,276/- as an additional amount of compensation awarded by reference Court. According to the applicants, the compensation is computed much higher amount than what is deposited and in fact, according to the learned Senior Counsel, the compensation is worked out at Rs.4,96,096.86. It is specifically stated that the amount of compensation which is deposited is a meagre amount, and the applicants are entitled to 50% of the amount which shall be permitted to be withdrawn.

As far as the balance additional compensation is concerned, the application also seek its deposit within a stipulated period. As I permit withdrawal of 50% of the amount that is deposited in the Court, let Ms Linhares, appearing for the State, obtain instructions as to within what period of time the acquiring body shall deposit the balance amount in terms of the award dated 27.09.2016. The registry shall permit withdrawal of 50% of the amount along with the interest accrued thereon.

For this purpose, list the Misc. Civil Application on 14.11.2025.

BHARATI DANGRE, J.

Signed by: AMRUT NAGESH TARI Designation: Private Secretary Date: 20/09/2025 19:43:11 19th September, 2025