Medium Project Irrigation, Through Executive Engineer, Gondia v. Ramarav S/O Mahadeorao Girhe (Dead) Thr. Lrs. Rajendra Ramrao Girhe And Others

1/2 14.caf.457.2024 in fa.1151.2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 457 OF 2024 IN FIRST APPEAL NO. 1151 OF 2017 (Midium Project Irrigation, Gondia V/s Ramarav Mahadeorao Girhe (dead) through L.R. & Ors.) WITH FIRST APPEAL NO. 705 OF 2016 (Ramarav Mahadeorao Girhe (dead) through L.R. V/s State of Maharashtra & Ors.) Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. J. B. Kasat, Advocate for Appellant in FA No.1151/2017 and for Respondent No.3 in FA No.705/2016.

Mr. R. M. Pande, Advocate for Respondent No.1 in FA No.1151/2017 and for Appellant in FA No.705/2016. Mr. M. A. Kadu, AGP for Respondents/State in both the Appeals.

-------------------------

CORAM

: ROHIT W. JOSHI, J.

DATE : FEBRUARY 05, 2025.

.

This is an application for withdrawal of amount deposited by the Appellant with this Court as a condition for stay to the execution of Award impugned in the present Appeal. 2.

The learned Reference Court has awarded compensation at the rate of Rs. 24,50,000/- per hector, however, the land of the Respondent No.1 is admeasuring 0.04 H.R. i.e. 400 sq.mtrs. only. The amount involved in the Appeal is very meager. The Respondent No.1 has stated that he is suffering severe financial crisis and is desperately in need of the amount.

2/2 14.caf.457.2024 in fa.1151.2017.odt 3.

In view of the aforesaid, Respondent No.1 is permitted to withdraw the entire amount deposited with this Court along with accrued interest, subject to furnishing usual undertaking.

4.

Civil Application stands disposed of accordingly. (ROHIT W. JOSHI, J.) vijaya Signed by: Mrs. V.G. Yadav Designation: PA To Honourable Judge Date: 07/02/2025 18:34:59