V.I.D.C., Through Executive Engineer, Purna Medium Project Division, Achalpur v. Raju @ Gopan Dhonduji Ingle And Others

2024:BHC-NAG:14270 1 22-CAF-3634-24-CORRECTED.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 3634 OF 2024 IN FIRST APPEAL ST.NO. 15814 OF 2023 VIDARBHA IRRIGATION DEVELOPMENT CORPORATION Vrs.

RAJU @ GOPAL DHONDUJI INGALE @ INGLE AND OTHERS -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Ms. Ashwini Athalye, Advocate for appellant.

Shri Paras Rathi, Advocate h/f Shri Abhijeet Deshmukh, Advocate for respondent No.1.

Ms. Ritu Sharma, AGP for respondent Nos.2 and 3. CORAM: SANJAY A. DESHMUKH, J.

DATE : 12/12/2024.

1.

This is an application for withdrawal of amount.

2.

Learned advocate for the respondent No.1 submitted that there is one more claimant, who is now respondent No.4 in this proceeding. He submitted that respondent No.4 has not filed reference like the respondent No.1. He pointed out that only 0.10 HR of land of respondent No.4 is acquired. Therefore, he is entitled for compensation of Rs.4,64,231/- out of amount under award.

3.

Perused the application.

4.

Heard learned Advocates for both sides.

5.

Considering the grounds stated in the application and submission of learned advocate for the

2 22-CAF-3634-24-CORRECTED.odt respondent No.1 excluding the amount of 4,64,431/- out of Rs.94,70,316/- is the share of respondent No.1 - Corrected as per Court's order dated 20.12.2024 claimant. The application deserves to be allowed partly. After excluding amount of Rs.4,64,231/- out of Rs.94,70,316/-, 75% amount be paid to the respondent No.1- claimant as under :- i] Registery is directed to pay 50% amount on execution of usual undertaking and 25% amount on execution of solvent surety / security along with accured interest thereon to the respondent No.1 - Raju @ Gopal Dhonduji Ingale @ Ingle.

6.

Application is disposed of.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 22/01/2025 17:17:58