V.I.D.C. Thr. Exe. Engineer, Nimna Painganga Project Division (Bembla Project), Yavatmal v. Sau. Hansabai Ramdasji Ghanmode And Others

2026:BHC-NAG:7147 1 26-CAF-2185-2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 2185 OF 2026 IN FIRST APPEAL NO. 961 OF 2022 VIDARBHA IRRIGATION DEVELOPMENT CORPORATION Vrs.

SAU. HANSABAI RAMDASJI GHANMODE AND OTHERS -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri R. S. Bhoyar, Advocate h/f Shri Aditya Gohokar, Advocate for appellant.

Ms. Neha Kinhekar, Advocate h/f Shri Tejas Deshpande, Advocate for non-applicant No.1.

Shri B. M. Lonare, AGP for non-applicant Nos.2 and 3. CORAM: Y. G. KHOBRAGADE, J.

DATE : 07/05/2026.

1.

Heard the learned counsel for the respective parties.

2.

By the present application, respondent no. 1 seeks permission to withdraw the entire amount of compensation awarded under the judgment and award dated 17/10/2019 passed in LAC No.514/2017 by the Joint Civil Judge, Senior Division, Yavatmal. 3.

The learned counsel appearing for the appellant strongly opposed the application on the ground that if respondent no. 1 is permitted to withdraw the entire amount of compensation, then in the event, it would be difficult to recover the same, if the impugned award is reversed or set aside.

2 26-CAF-2185-2026.odt 4.

However, considering the fact that the present appellant/acquiring body has acquired the land of respondent no. 1 and after conducting the trial, the impugned award has been passed. Therefore, considering the nature of claim as well as to meet financial crises, respondent no. 1 is permitted to withdraw 75% of the compensation amount along with accrued interest on furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court.

5.

Accordingly, the application is disposed of.

[JUDGE] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 07/05/2026 18:20:13