Disposed

The Executive Engineer, Purna Medium Project, Div.-Achalpur, Amravati v. Prabhakarrao S/O Bhaskarrao Khuje and Others

Bombay HC16 Aug 2024CAF/793/2024

Case brief

AI extract

What is this about?

Civil application seeking transfer of compensation amount of Rs.4,79,217/- deposited in First Appeal No.237/2020 to First Appeal No.228/2020. Court allowed transfer of Rs.2,88,656/- to FA 228/2020 and directed recovery of remaining Rs.1,90,561/- from claimant-respondent No.1.

What did the court decide?

Registry directed to transfer Rs.2,88,656/- to First Appeal No.228/2020; remaining Rs.1,90,561/- to be recovered from claimant-respondent No.1 and then transferred.

The Executive Engineer, Purna Medium Project, Div.-Achalpur… — Land Acquisition | Bombay HC (2024)

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fa237.20.odt 1/2

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

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CIVIL APPLICATION (CAF) No.793 OF 2024 IN

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FIRST APPEAL No.237 OF 2020

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(The Executive Engineer, Purna Medium Project, Achalpur Division, Achalpur, Distt. Amravati Vs. Prabhakarrao s/o. Bhaskarrao Khuje and others)

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Office Notes, Office Memoramda of Coram,__________________________________________________________________________ appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders.

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Mr. Tariq Mohd. Zaheer, Advocate for appellant. Mr. R.J. Shinde, Advocate for claimant-respondent No.1. Ms. D.I. Charlewar, AGP for responded Nos.2 and 3.

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C ORAM : SANJAY A. DESHMUKH, J. D ATE : 16th AUGUST, 2024.

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This is an application for transfer of principal compensation amount of Rs.4,79,217/-, which is deposited inadvertently in this appeal before this Court on 16.12.2019, to First Appeal No.228/2020.

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Perused the application.

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Heard learned Advocates of both sides.

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Learned Advocate for the claimant-respondent No.1 and learned A.G.P. for the respondent Nos.2 and 3 have no objection for allowing this application.

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Considering the reasons stated in the application, the application deserves to be allowed in the interest of justice. The application is allowed.

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Learned Advocate for the appellant submits that the amount of Rs.4,79,217/- which was deposited before this Court in this appeal was already withdrawn by

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fa237.20.odt 2/2

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the claimant-respondent No.1 and the amount of Rs.2,88,656/- which was deposited in First Appeal No.228/2020 was transferred in this appeal as per order dated 3.8.2024 of this Court in First Appeal No.228/2020. Therefore, the amount of Rs.2,88,656/- is required to be again transfer to First Appeal No.228/2020 and the remaining difference amount of Rs.1,90,561/- is required to be recovered from the claimant-respondent No.1 in this

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appeal.

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Learned Advocate for the claimant-respondent No.1 has no objection and he submits that it will be re-paid/deposited in this appeal.

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The registry is directed to transfer an amount of Rs.2,88,656/- in the First Appeal No.228/2020 and the remaining amount of Rs.1,90,561/- is directed to be recovered from claimant-respondent No.1. After recovery of said amount of Rs.1,90,561/-, it is to be transferred in First Appeal No.228/2020.

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The application is disposed of.

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(SANJAY A. DESHMUKH, J.)

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Wadode

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Signed by: Mr. Devendra Wadode Designation: PA To Honourable Judge Date: 22/08/2024 17:16:47

The Executive Engineer, Purna Medium Project, Div.-Achalpur, Amravati v. Prabhakarrao S/O Bhaskarrao Khuje and Others

Case brief

What is this about?

What did the court decide?

The Executive Engineer, Purna Medium Project, Div.-Achalpur, Amravati v. Prabhakarrao S/O Bhaskarrao Khuje and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Parties & counsel

Coram

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