Bombay High Court
V.I.D.C. Thr. Its Executive ... vs Gajanan Alias Nitin Bapurao Nile ... on 13 August, 2021
Bench: Pushpa V. Ganediwala
27CAF 1544.2021 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION (F) NO. 1544 OF 2021
IN FIRST APPEAL NO. 381 OF 2021
(Vidarbha Irrigation Development Corporation & Anr. Vs. Shri Gajanan @ Nitin s/o Bapurao
Nile & Ors.)
__________________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Shri M.A. Kadu, Advocate for the appellants.
Shri S.S. Shingane, Advocate for respondent No.1.
Shri A.M. Kadukar, A.G.P. for respondent Nos.2 and 3.
.....
CORAM : PUSHPA V. GANEDIWALA, J.
AUGUST 13, 2021.
Heard.
2] This is an application filed by the
applicant/ respondent No.1 seeking permission for
withdrawal of amount deposited by the appellants.
3] Perused the application.
4] It is stated that the appellants have
deposited Rs.73,34,088/- on 16/07/2021 vide Pursis
St. No. 2/2021 dated 06/07/2021. It is stated that
the land acquisition proceedings was initiated under
the Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement
Act, 2013.
5] Considering the reasons mentioned in
the application, the applicant/ respondent No.1 is
permitted to withdraw 50% of the decreetal amount
along with interest on furnishing usual undertaking
before the Registrar (Judicial).
6] Civil Application stands disposed of.
FIRST APPEAL NO. 381/2021.
7] As the entire decreetal amount along
with accrued interest came to be deposited with the
Registry of this Court, there shall be stay to the effect
and operation of the impugned judgment and award
dated 16/09/2020 passed by the Presiding Officer,
Land Acquisition, Rehabilitation and Resettlement
Authority, Nagpur in L.A.C. No. 79/AMR/AMR/2018,
pending decision of this appeal.
8] Admit.
9] Shri Shingane, learned counsel, waives
service of notice for respondent No.1.
10] Shri Kadukar, learned A.G.P., waives
service of notice for respondent Nos.2 and 3.
11] Call R & P.
CIVIL APPLICATION ST. NO. 9272/2021 IN XOB ST.
NO. 9271/2021.
12] By way of this application, the cross
objector in First Appeal No.381/2021 is seeking
exemption in depositing amount towards Court fee as
Writ Petition No.4043/2019 is pending consideration
before the Aurangabad Bench.
13] As the issue with regard to payment of
Court fee is already subjudice before this Court, at
this stage, the cross objector is exempted from
payment of Court fee subject to decision in Writ
Petition No.4043/2019.
14] Civil Application stands disposed of.
CROSS OBJECTION ST. NO. 9271/2021.
15] Admit.
16] Shri M.A. Kadu, learned counsel, waives
service of notice for the appellants.
17] Shri Kadukar, learned A.G.P., waives
service of notice for respondent Nos.2 and 3.
JUDGE
Sumit
