V.I.D.C., Through Executive Engineer, Purna Medium Project Division, Achalpur, Amravati v. Mr. Sushil Pandurang Gawande And Others

1 45-CAF-2978-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION NO.2978 OF 2025 IN FIRST APPEAL NO.890 OF 2025 Vidarbha Irrigation Development Corporation, Amravati Vs.

Sushil Pandurang @ Pandurangrao Gawande and Others WITH FIRST APPEAL NO.858 OF 2022 Sushil Pandurang Gawande Vs.

State of Maharashtra 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. A.S. Athalye, Advocate for the Applicant/Appellant. Mr. H.J. Deshmukh, Advocate for Respondent No.1. Mr. S.B. Bissa, AGP for 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/original claimants 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 30.06.2025 in Civil Application No.1536/2025 in First Appeal No.1219/2024 VIDC, through Executive Engineer, Purna Vs. Mohd. Hidayatulla

2 45-CAF-2978-2025.odt Sarfoddin (dead) through Lrs. and Others. 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/original claimants are permitted to withdraw 75% of the total amount of compensation along with accrued interest on furnishing usual undertaking.

4.

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

FIRST APPEAL NO.890 OF 2025 WITH FIRST APPEAL NO.858 OF 2025 5.

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