Allowed

V.I.D.C. Thr. Exe. Engineer, Purna Medium Project, Achalpur Division, Achalpur and Another v. Sau. Ranjanabai W/O Gowardhan Mohod and Others

Bombay HC7 May 2024CAF/825/2024

Case brief

AI extract

What is this about?

The High Court disposed of an application by land losers (respondents/claimants) seeking withdrawal of the security amount deposited by appellants. The Court permitted the withdrawal of the entire deposited amount of Rs. 4,79,398/-. 75% to be withdrawn immediately upon undertaking and 25% subject to solvent surety.

What did the court decide?

Permitted withdrawal of entire deposited amount of Rs. 4,79,398/-; 75% subject to undertaking and 25% subject to solvent surety.

V.I.D.C. Thr. Exe. Engineer, Purna Medium Project, Achalpur… — Land Acquisition | Bombay HC (2024)

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2024:BHC-NAG:7114

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1 14-A-CAF-825-24.odt

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

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CIVIL APPLICATION (CAF) NO.825 OF 2024 IN

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FIRST APPEAL NO. 151 OF 2023

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VIDARBHA IRRIGATION DEVELOPMENT CORPORATION AND ANOTHER Vrs.

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SAU. RANJANABAI W/O GOWARDHAN MOHOD AND OTHERS

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Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order

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Mrs. Anjali Joshi, Advocate for appellants.

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Shri R. J. Shinde, Advocate for respondent No.1. Shri P. P. Pendke, AGP for respondent Nos.2 and 3.

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CORAM: SANJAY A. DESHMUKH, J. DATE : 05/07/2024.

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Heard learned advocate for the appellants and learned advocate for the respondents/claimants.

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This is an application by the respondents/ claimants seeking withdrawal of the amount of Rs.4,79,398/- deposited by the appellants in this Court.

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Learned advocate for the respondents/ claimants submitted that the stay to the execution of the award has been granted by this Court, subject to deposit of the entire decretal amount.

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Learned advocate for the appellants submitted that for the time being, the respondents/ claimants may be allowed to withdraw 50% of the amount and that too by furnishing solvent surety.

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On going through the record, I am of the view that the respondents, who are the land losers, cannot be

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2 14-A-CAF-825-24.odt

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deprived the use of the amount in terms of the award. In the facts and circumstances, the respondents/claimants are permitted to withdraw the entire amount i.e. Rs.4,79,398/- deposited by the appellants in this Court. 75% amount shall be withdrawn, subject to furnishing an usual undertaking by the respondents/claimants and 25% amount shall be withdrawn, subject to furnishing solvent surety.

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The application is disposed of. FIRST APPEAL NO. 151 OF 2023

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Heard.

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Admit.

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Shri R. J. Shinde, learned counsel waives service of notice for respondent No.1.

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Shri P. P. Pendke, learned AGP waives service

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of notice for respondent Nos.2 and 3.

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The paper book be filed within eight weeks.

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[SANJAY A. DESHMUKH, J.]

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Choulwar

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Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 08/07/2024 19:11:03

V.I.D.C. Thr. Exe. Engineer, Purna Medium Project, Achalpur Division, Achalpur and Another v. Sau. Ranjanabai W/O Gowardhan Mohod and Others

Case brief

What is this about?

What did the court decide?

V.I.D.C. Thr. Exe. Engineer, Purna Medium Project, Achalpur Division, Achalpur and Another v. Sau. Ranjanabai W/O Gowardhan Mohod and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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