Vidarbha Irrigation Development Corp. Through Its Executive Engineer, Nagpur v. Smt. Chandrakala W/O Fuldas Mahant And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAF) NO. 3623 OF 2024 IN FIRST APPEAL NO. 1000 OF 2013(D) WITH CROSS OBJECTION NO. 19/2021(D) (Vidarbha Irrigation Dev. Corporation, Nagpur Vs. Chandrakala w/o Fuldas Mahant and ors) AND CIVIL APPLICATION (CAF) NO. 3625 OF 2024 IN FIRST APPEAL NO. 1002 OF 2013(D) WITH CROSS OBJECTION NO. 23/2021(D) (Vidarbha Irrigation Dev. Corporation, Nagpur Vs. Ramesh s/o Gulabdeo Bhaiswar and ors) AND CIVIL APPLICATION (CAF) NO. 3624 OF 2024 IN FIRST APPEAL NO. 1001 OF 2013(D) WITH CROSS OBJECTION NO. 23/2021(D) (Vidarbha Irrigation Dev. Corporation, Nagpur Vs. Hiralal s/o Gulabdeo Bhaiswar and ors ) AND CIVIL APPLICATION (CAF) NO. 3626 OF 2024 IN FIRST APPEAL NO. 1038 OF 2013(D) WITH CROSS OBJECTION NO. 60/2021(D) (Vidarbha Irrigation Dev. Corporation, Nagpur Vs.

Avinash s/o Gulabdeo Bhaiswarand ors) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------ - - - - - - - - - - - - - - - - - - Mr. J.B. Kasat, Advocate for appellants.

Dr. R.S. Sirpurkar, Advocate for respondent No. 1. Mrs. H.S. Dhande, respondent Nos. 2 and 3/State. CORAM : ABHAY J. MANTRI, J.

DATED : 18-06-2025 Heard.

2.

The applicant/respondent No. 1 has moved this application for permitting him to withdraw 25% of the compensation amount deposited by the appellant in this Court, for which learned counsel appearing for the appellant has no objection. Accordingly, the

2 22caf3624.2024..odt application is allowed, and the applicant is permitted to withdraw said amount.

3.

The Registry is directed to transfer said amount along with the accrued interest thereon, if any, into the bank account of the applicant through NEFT/RTGS within three weeks from today on the applicant furnishing bank account details to the Registry. 4.

The applicant has also prayed for issuance of the direction to the appellant to deposit the interest accrued on said 25% amount of compensation from the year 2013 till the date on which the appellant has deposited 25% amount in this Court. 5.

The record further indicates that the appellant has deposited the compensation amount vide CCDR No. 00317 dated 19.11.2024. However, till today it has failed to pay the interest accrued on the sad amount. Although the learned counsel for the appellant has submitted that the project is completed and funds are not available to them, I am not inclined to accept these submissions, as it was the duty of the appellant to pay the said interest along with the compensation amount. Having considered the fact that the land was acquired in 2003 and this court passed the judgment on 28.03.2024, in my view, it would be proper to direct the appellant to deposit the interest amount in this Court within four weeks from today as a last chance. If the appellant fails to deposit the said amount, necessary orders will be passed. 6.

List the matter on 18.07.2025.

(ABHAY J. MANTRI, J.) Belkhede Signed by: Mr. R. S. Belkhede Designation: PS To Honourable Judge Date: 19/06/2025 16:35:58