V.I.D.C. Thr. Executive Engineer, Lower Wardha Project, Wardha v. Mahesh Sahebrao Jaisinghpure And Others
6-CAO-212-2024
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION (O) NO. 212 OF 2024 IN CIVIL APPLICATION (O) ST. NO. 25545 OF 2023 IN CROSS OBJECTION ST. NO. 25544 OF 2023 IN FIRST APPEAL NO. 641 OF 2021 (Mahesh s/o Sahebrao Jaisingpure & Ors. Vs. The State of Maharashtra & Ors.) AND CIVIL APPLICATION (F) NO. 484 OF 2024 IN FIRST APPEAL NO. 641/2021 (V.I.D.C. Vs. Mahesh s/o Sahebrao Jaisingpure & Ors.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
CAO No. 212/2024 Shri S.D. Chopde, Counsel for the applicants. Ms D.I. Charlewar, A.G.P. for the respondent/State. CAF No. 484/2024 Shri A.M. Kukday, Counsel for the appellant/V.I.D.C. Shri S.D. Chopde, Counsel for the applicants/respondent nos. 1 to 3.
Ms D.I. Charlewar, A.G.P. for the respondent/State. .....
CORAM : ANIL L. PANSARE, J.
FEBRUARY 14, 2024.
Perused the applications.
2] For the reasons set out in the applications, the same are allowed. Necessary amendment be made forthwith.
3] The Civil Applications are disposed of.
CIVIL APPLICATION NO. 485/2024 4] The Reference Court has vide judgment and award dated 13/12/2019 assessed the valuation of land under question @ Rs.38,50,000/- per hectare along with interest @ 12% per annum for the period from
6-CAO-212-2024 12/5/2006 to 10/6/2009, solatium @ 30% on basic amount in terms of Section 23(2) of the Land Acquisition Act, 1894 and interest @ 9% per annum for the period of one year from 10/6/2009 and thereafter @ 15% per annum till the award is realized. Admittedly, the land admeasuring 1 Hectare 27 R was acquired.
5] The learned Counsel for the claimants submits that the appellant has deposited an amount of Rs.29,81,465/- only. According to him, the amount will be more than rupees one crore.
6] The learned Counsel for the appellant, however, has shown across the bar letter dated 10/10/2022 addressed to the learned Counsel by the Officer of V.I.D.C. mentioning therein that amount of Rs.84,19,352/- has been deposited before the trial Court. In addition, an amount of Rs.29,81,465/- has been deposited before the trial Court. Thus, he submits that entire amount has been deposited.
7] The parties shall sit together and verify the correctness and compliance of order granting stay and shall act accordingly. The parties shall also take instructions as regards withdrawal of amount from the trial Court.
8] Stand over to 28/2/2024.
(ANIL L. PANSARE, J.) Sumit Signed by: Mr. Sumit Agrawal Designation: PA To Honourable Judge Date: 14/02/2024 20:30:51