V.I.D.C Through Its Executive Engineer, Minor Irrigation Project, Wardha v. Ashok Keshavrao Pawar And Others

1 34-fa-335-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 1909 OF 2026 IN FIRST APPEAL NO. 335 OF 2024 Vidarbha Irrigation Development Corporation, Wardha Vs.

Ashok Keshavrao Pawar 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 Vikky K. Gokhale a/w. R. J. Shinde, Advocate for respondent no. 1. Shri M. A. Kadu, AGP for respondent nos. 2 and 3/State. CORAM :- Y. G. KHOBRAGADE, J.

DATED :- 23.04.2026 Heard Ms. Athalye, learned counsel appearing for the appellant-acquiring body, Shri Gokhale, learned counsel appearing for respondent no. 1 and Shri Kadu, learned AGP for respondent nos. 2 and 3/State. 2.

By the present application, the applicant/claimant seeks permission to withdraw the compensation amount deposited by the appellantacquiring body in pursuance of the judgment and order dated 16.03.2022 passed in LAC No. 3/2020 by the Civil Judge Senior Division, Wardha.

3.

Needless to mention that by the impugned judgment and award, the Trial Court held that respondent no. 1 is entitled to receive enhanced RR Jaiswal

2 34-fa-335-24.odt compensation of Rs.61,349/- for house no. 20 and Rs.47,273/- for house no. 23 with interest @ 12% p.a. and 30% solatium on the enhanced compensation amount.

4.

In pursuance of the said judgment and award, the appellant- acquiring body has deposited entire amount of compensation to the tune of Rs.4,05,498/-. Therefore, considering the financial need of respondent no. 1, it would be just and proper to permit respondent no. 1 to withdraw the entire amount of compensation along with accrued interest subject to furnishing usual undertaking for 50% of the amount and furnishing solvent surety for 50% of the amount to the satisfaction of the Registrar of this Court.

5.

Accordingly, the application is disposed of.

(Y. G. KHOBRAGADE, J.) Signed by: Mr. Rajnesh Jaiswal Designation: PA To Honourable Judge Date: 24/04/2026 10:22:53 RR Jaiswal