V.I.D.C.,Thr. Exe. Engineer, Purna Medium Project Div. Achalpur (Amravati Irrigation Div.) v. Venubai Shankarrao Nawalkar And Others

1 43-CAF-2319-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION NO.2319 OF 2025 IN FIRST APPEAL NO.565 OF 2024 Vidarbha Irrigation Development Corporation, Amravati Vs.

Venutai Shankarrao Nawalkar and Others Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Purushottam Patil, Advocate for the Applicant/Appellant. Ms. M.S. Naik, AGP for the Respondent Nos.2 and 3/State. CORAM: PRAFULLA S. KHUBALKAR, J .

DATED : 19 th DECEMBER, 1.

By this application, the applicant/original claimants are seeking withdrawal of the amount of compensation deposited by the appellant on account of acquisition of their land.

2.

Learned counsel for the applicant/respondents points out that in an identical matter with respect to the acquisition from the same notification and same village, this Court has granted withdrawal of 75% amount by an order dated 26.08.2025 in Civil Application No.2628/2025 in First Appeal No.548/2024 VIDC, through Executive Engineer Vs. Leelabai Vitthalrao Katkhede (dead) through Lrs. In view of this, he prays for similar directions. 3.

Although the request is opposed by the learned counsel for the appellant, however, in view of the order passed in similar matter, the applicant/claimants are

2 43-CAF-2319-2025.odt permitted to withdraw 75% of the total amount of compensation along with accrued interest on furnishing usual undertaking.

4.

The applicant/original claimants are entitled to withdraw the amount in equal shares by granting 1/5th share to each of them including 1/5th share to the legal representative of respondent No.1(e) Dhanraj Shankarrao Nawalkar.

5.

In view of the above, the civil application is disposed of.

FIRST APPEAL NO.565 OF 2024 6.

List the appeal for final hearing in due course. (PRAFULLA S. KHUBALKAR, J . ) Privel