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Bombay High CourtCAF/1286/2026ca disposed off

V.I.D.C., Through Executive Engineer, Purna Medium Project Division, Achalpur, Amravati v. Mr. Ramrao Ramchandra Rane And Others

2026-04-21Hon'Ble Shri Justice Yanshivraj Gopichand Khobragade2 pages

2026:BHC-NAG:6166 1 35-CAF-1286-2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 1286 OF 2026 IN FIRST APPEAL NO. 955 OF 2025 VIDARBHA IRRIGATION DEVELOPMENT CORPORATION Vrs.

RAMRAO @ RAMRAV RAMCHANDRA RANE 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. A. S. Athalye, Advocate for appellant.

Shri Paras Rathi, Advocate for respondent No.1. Shri M. A. Kadu, AGP for respondent Nos.2 and 3. CORAM: Y. G. KHOBRAGADE, J.

DATE : 21/04/2026.

1.

Heard Shri Paras Rathi, learned counsel appearing for the respondent No.1 / Claimant, Ms. A. S. Athalye, learned counsel appearing for the appellant / Acquiring Body and Shri M. A. Kadu, learned AGP for the respondent Nos.2 and 3.

2.

By the present application, the applicant / non-applicant No.1 - original claimant seeks permission to withdraw the amount of compensation of Rs.15,59,106/- with accrued interest.

3.

It is pertinent to note that on 31/03/2023, learned Land Acquisition, Resettlement and Rehabilitation Authority, Nagpur passed the Judgment and Award in Case No.1603/AMT/AMT//2020 Mouza Sanglud, Tq.Daryapur, Dist. Amravati and determined the compensation. In pursuance of the said Judgment and

2 35-CAF-1286-2026.odt Award, the appellant - Acquiring Body deposited the entire amount of compensation, although the learned counsel appearing for the appellant strongly opposed the application on the ground that it will not be possible to recover the amount against the respondent No.1, in case the award is modified. However, it is not in dispute that the land of the respondent No.1 acquired by the appellant and the learned Authority, however, determined the compensation.

4.

Therefore, considering the claim of the respondent No.1, it would be just and proper to permit respondent No.1 to withdraw 75% of the amount of compensation along with accrued interest on furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court.

5.

Accordingly, civil application is disposed of. [JUDGE] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 22/04/2026 10:32:15