V. I. D. C. Through Executive ... vs Arun Sitaram Pawar And 2 Others
2021 Latest Caselaw 12219 Bom

Citation : 2021 Latest Caselaw 12219 Bom
Judgement Date : 31 August, 2021

Bombay High Court

V. I. D. C. Through Executive ... vs Arun Sitaram Pawar And 2 Others on 31 August, 2021

Bench: Pushpa V. Ganediwala

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

                CAF No.466/2021 In FIRST APPEAL No.252/2021
                           (VIDC Vs. Arun Sitaram Pawar and others)
__________________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions            Court's or Judge's orders.
and Registrar's Orders.
                            Shri H.D.Marathe, Advocate for appellants.
                            Shri R.J.Shinde, Advocate for respondent no.1.
                            Ms. B.N. Jaipurkar, AGP for respondent nos.2 and 3.


                                 CORAM : PUSHPA V. GANEDIWALA, J.

DATE : AUGUST 31, 2021.

Heard.

2. Respondent no.1/original claimant is seeking permission to withdraw the compensation amount deposited by the appellant.

3. Perused the impugned judgment and award. The learned Reference Court enhanced the amount of compensation for the land @ Rs. 2,43,900/- against Rs.97,560/- per hectare, as has been granted by the Land Acquisition Officer. The learned Reference Court also enhanced the amount of compensation towards fruit bearing trees which was standing at the time of acquisition of subject matter.

4. On due consideration, I am satisfied that respondent no.1 shall be permitted to withdraw 75% of the decretal

22. caf466.21.odt

amount with accrued interest thereon on furnishing usual undertaking.

5. Hence, I allow the application in the above terms.

6. Civil Application stands disposed of. CAF No.3446/2019

1. Heard.

2. Considering the fact that the appellants have already deposited the entire decretal amount with interest, ad- interim stay which is operating vide order dated 22.11.2019 is made absoulte, pending the decision of the appeal.

3. Civil Application stands disposed of.

JUDGE

ambulkar