Allowed

The Deputy Chief Engineer, Central Railway Division, Ajani, Nagpur v. Sau. Jyoti Mahesh Agrawal and Others

Bombay HC15 Oct 2024CAF/3208/2023

Case brief

AI extract

What is this about?

The Debts Recovery Bench allowed a civil application where the appellant sought permission to withdraw 50% of the deposited compensation and later 25% upon furnishing a bank surrender or guarantee.

What did the court decide?

Permission to withdraw 50% of deposited compensation with accrued interest; permission to withdraw further 25% upon furnishing solvent surety or bank guarantee.

The Deputy Chief Engineer, Central Railway Division, Ajani… — Land Acquisition | Bombay HC (2024)

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2024:BHC-NAG:11536-DB

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

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CIVIL APPLICATION CAF NO.3208 OF 2023

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FIRST APPEAL ST NO.7707 OF 2023

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THE DEPUTY CHIEF ENGINEER, CENTRAL RAILWAY DIVISION, AJANI,

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NAGPUR

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SAU. JYOTI MAHESH AGRAWAL AND OTHERS

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- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

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Mr. N.P. Lambat, Advocate for the appellant

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Mr. Phasate, AGP for the State Ms P.V. Ganediwala, Advocate along with Mr. P.R. Agrawal, Advocate for the respondent No.1/applicant

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CORAM: VINAY JOSHI AND ABHAY J. MANTRI, JJ. DATED : 15/10/2024.

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1 Heard.

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2 By this application, the applicant is seeking permission to withdraw the compensation which has been deposited by the acquiring body in view of the Award passed by the Competent Authority under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

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3 Initially the Land Acquisition Officer has awarded compensation @ Rs.10,30,000/- per hector. According to claimant, the compensation should have been granted @ Rs.30,000/- per square meter. Having regard to the evidence, coupled with the documents, the Appellate Tribunal has fixed the compensation @ Rs.2,100/- per sq. meter.

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4 The learned counsel for claimant apart from merit, would

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submit that appeal is not maintainable, since the provision for condonation of delay would not apply.

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5 Having regard to the nature of evidence and after going through the impugned judgment, we deem it appropriate to permit the claimant to withdraw 50% of the amount with accrued interest, on usual undertaking and next 25% amount along with accrued interest, if any, on furnishing solvent surety or bank guarantee in the like amount on usual terms and conditions.

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6 Civil Application is accordingly allowed and disposed of.

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(ABHAY J. MANTRI, J.) (VINAY JOSHI, J.)

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ND.THAWRE PA

The Deputy Chief Engineer, Central Railway Division, Ajani, Nagpur v. Sau. Jyoti Mahesh Agrawal and Others

Case brief

What is this about?

What did the court decide?

The Deputy Chief Engineer, Central Railway Division, Ajani, Nagpur v. Sau. Jyoti Mahesh Agrawal and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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