Executive Engineer, Minor Irrigation Division, Buldhana v. Smt. Kusum Gajanan Bharsakale And Others

1/2 54.caf.3764.2024 in fa.1204.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 3764 OF 2024 IN FIRST APPEAL NO. 1204 OF 2024 (The Executive Engineer, Minor Irrigation Department, Buldhana V/s Kusum Gajanan Bharsakale & Ors.) Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Ms. S. M. Vyas, Advocate h/f Mr. U. A. Gosavi, Advocate for Appellant.

Mr. Aniket Sawal Advocate for Respondent Nos.1 & 2. Ms. H. S. Dhande, AGP for Respondent Nos.3 & 4/ State.

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CORAM

: SANDIPKUMAR C. MORE, J.

DATE : JANUARY 22, 2025.

CIVIL APPLICATION (CAF) NO. 3764 OF 2024 .

Heard rival submissions.

2.

The Respondent Nos.1 and 2/Claimants have filed this Application for withdrawal of entire amount of compensation, which is deposited by the Appellant/Acquiring Body. 3.

Though the learned Counsel for Appellant strongly opposed the Application, but considering the enhancement done by the learned Reference Court, Respondent Nos.1 and 2/ Claimants are permitted to withdraw the entire amount of compensation in equal proportion in this matter along with the proportionate interest accrued thereon till date, from the office of

2/2 54.caf.3764.2024 in fa.1204.2024.odt Registrar, Land Acquisition, Resettlement and Rehabilitation Authority, Nagpur, on filing usual undertaking to the satisfaction of that Authority. The Civil Application is, accordingly, disposed of. FIRST APPEAL NO. 1204 OF 2024 .

Heard. Admit. Call R & P.

2.

Mr. Sawal, learned Counsel for Respondent Nos.1 & 2 and Ms. Dhande, learned AGP for Respondent Nos.3 and 4 waive service of notice.

3.

Stand over to 5th March, 2025.

(SANDIPKUMAR C. MORE, J.) vijaya Signed by: Mrs. V.G. Yadav Designation: PA To Honourable Judge Date: 23/01/2025 18:14:19