Vidarbha Irrigation Development ... vs Mahadeo Samsa Singane ...
2021 Latest Caselaw 14992 Bom

                                                                                                                                                      caf2055.21.odt
                                                                                        1


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

                                        CIVIL APPLICATION (F) NO. 2055/2021
                                                           IN
                                          FIRST APPEAL NO. 1151/2015 (d)
                                      Executive Engineer, Bembla Project Division
                                                      ...Versus...
                                              Mahadeo Shingane and ors
 ------------------------------------------------------------------------------------------
Office Notes, Office Memoranda of Coram,                                                                             Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -----------
                                                          Mr. Waghmare h/f Mr. P.B.Patil, Advocate for appellant.
                                                          Mr. A.B.Nakshane, Advocate for Respondent No.1
                                                          Mr. A.A.Madiwale, AGP for Respondent Nos. 2 and 3



                                                                                        CORAM : AVINASH G. GHAROTE, J.

DATE : 13/10/2021

CAF NO. 2055/2021

This application is for withdrawal of amount of compensation filed by Respondent No.1.

This court by the judgment dated 21.2.2019 has adjudicated the compensation of the open plot at the rate of Rs.750/- per sq.m. and the enhancement granted for the constructed area is maintained. The calculations regarding this have been placed on record along with the Pursis Stamp No. 4323/2020, dated 7.7.2020, which is not disputed by learned counsel for the petitioner.

Some amount has already been received by the claimant, who is respondent No.1. As per the said calculations what is to be received by the appellant is an amount of Rs. 3225/- and what is payable to Respondent no.1 is sum of Rs. 91846/-, as per the Civil Application No.

caf2055.21.odt

2055/21, which is not disputed by Mr. Waghmare, learned counsel for appellant, in view of which the amount of Rs. 3225/- be paid to the appellant and sum of Rs. 91846/- be paid to Respondent no.1.

Civil application is accordingly allowed in above terms.

JUDGE rvjalit