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2026 DAILYLAW 5195 (BOM)

V.I.D.C. THR. EXE. ENGINEER, BEMBLA PROJECT DIVISION, YAVATMAL AND ANOTHER v. HEMKIRAN MAROTRAO LOKHANDE AND OTHERS

CAF/2826/2026 · 2026-08-29

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Judgment text

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1 caf2826.2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CAF No.2826/2026 in First Appeal No. 842/2019 (Decided) VIDC /Vs/ Hemkiran Marotrao Likhande and others Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Ms.Mallika Bhabhulkar, Advocate for appellant. Mr.J.Y.Ghurde, AGP for respondent nos. 4 and 5/State. Mr. S.Puddatwar, Adv. h/f Mr. D.M.Kale, for respondent nos.1 to 3. CORAM: Y. G. KHOBRAGADE, J. DATED : 29th AUGUST, 2026 1. By the present application, the non-applicant nos.1 to 3/original claimants seek permission to withdraw the remaining 50% amount of compensation in respect of the acquired land. 2. It is not in dispute that, earlier, vide order dated 8.8.2019 passed in CAF No.2852/2019, the non-applicants/claimants were permitted to withdraw 50% of the compensation amount. The appeal was dismissed for want of prosecution and as such the appeal came to be restored to its file vide order dated 23.07.2026. 3. Considering the need of the respondent nos.1 to 3/Original Claimants, they are permitted to withdraw an additional 25% of the compensation amount, subject to the condition that they shall furnish surety to the satisfaction of the Registrar (Judicial) of this Court. In case the impugned judgment and award is modified or the amount of compensation is reduced, in that event, the non- applicant nos.1 to 3-original claimants shall return/re-deposit the excess amount so withdrawn within a period of one month therefrom. 4. Accordingly, civil application is partly allowed. (Y.G.KHOBRAGADE, J.) Mukund Ambulkar Signed by: Ambulkar (MLA) Designation: Senior Pvt. Secretary Date: 31/08/2026 10:30:03