LAWS(BOM)-2020-5-101

EXECUTIVE ENGINEER, MINOR IRRIGATION DEPTT. Z.P. AKOLA Vs. GORAKSHAN SANSTHA, A REGISTERED PUBLIC TRUST AND ANOTHER

Decided On May 26, 2020
Executive Engineer, Minor Irrigation Deptt. Z.P. Akola Appellant
V/S
Gorakshan Sanstha, A registered Public Trust and another Respondents

JUDGEMENT

(1.) Hearing was conducted through Video Conferencing and the learned counsel agreed that the audio and visual quality was proper.

(2.) By this application, the applicant/respondent No.1 is seeking direction for withdrawal of amount in terms of the entitlement of respondent No.1, finally decided by the Hon'ble Supreme Court in Civil Appeal No.8479 of 2019. This appeal was filed by the Acquiring Body challenging an order of the Reference Court granting compensation at the rate of RS.?? 2,00,000/- per acre to the respondent No.1. The 2,00,000/- per acre to the respondent No.1. The appeal was allowed and the compensation payable to the respondent No.1/applicant was fixed at RS.?? 2,00,000/- per acre to the respondent No.1. The 1,00,000/- per acre by this Court. On a challenge raised to the said order of this Court, the Hon'ble Supreme Court partly allowed Civil Appeal No.8479 of 2019 and fixed the amount of compensation payable to the respondent No.1/applicant at RS.?? 2,00,000/- per acre to the respondent No.1. The 1,30,000/- per acre.

(3.) It is undisputed that the appellant had deposited the amount of compensation granted by the Reference Court in this Court and that some of the amount was withdrawn by the respondent No.1 (applicant herein) during the pendency of the appeal before this Court.