Vidarbha Irrigation Development ... vs Arun Prabhakar Kale And Others
2021 Latest Caselaw 10643 Bom

07ca296.21.odt                                                                                   1


                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                           NAGPUR BENCH, NAGPUR.

                          CIVIL APPLICATION NO. 296 OF 2021
                                          IN
                            FIRST APPEAL NO. 339 OF 2015
                    (V.I.D.C. Wardha Vs. Arun Prabhakar Kale and ors.)
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Office Notes, Office Memoranda of                             Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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                          Shri Anoop Parihar, Advocate for the appellant.
                          Shri V.N. Patre, Advocate for respondent Nos.1 to 6.
                          Shri M.H. Deshmukh, Advocate for respondent Nos.7 & 8.


                                  CORAM:-          PUSHPA V. GANEDIWALA, J.

                                  DATED :-         AUGUST 09, 2021


                                           Heard.

This is an application for withdrawal of balance amount of compensation deposited by the appellant.

It is stated that the appellant has deposited the amount of Rs.1,44,64,145/- before this Court vide Pursis stamp No. 5206/2015 dated 08/05/2015. Out of the said amount, this Court has permitted the respondent Nos.1 to 6 to withdraw Rs.35,00,000/- on furnishing usual undertaking and further amount of Rs.35,00,000/- on furnishing solvent surety vide order dated 05/05/2015 passed in Civil Application No. 592/2015.

In the impugned judgment dated 30/11/2012, learned Reference Court has enhanced

compensation for the acquired land is at the rate of Rs.2,50,000/- per hectare against the rate of Rs.47,250/- per hectare which was granted by the Land Acquisition Officer.

Perused the application and considering the reasons mentioned in the application further 25% of the deposited amount with accrued interest thereon is permitted to be withdrawn by respondent Nos.1 to 6 on furnishing usual undertaking.

The civil application stands disposed of.

First Appeal 339 of 2015

The appellant to file private paper book within a period of eight weeks.

JUDGE *DB