The State Of Maharashtra Thr. Special Land Acquisition Officer v. Shri. Khandu Chander @ Ramchandra Patil (Deceased) Thr. His Lrs.Shri. Digambar Khandu Patil And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2430 OF 2017 IN FIRST APPEAL (ST) NO. 933 OF 2017 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. A.R. Patil, AGP for the Applicant.

CORAM: K.K.TATED, J.

DATED : 23/09/2019 P.C.

Heard learned AGP for the Applicant.

By this Civil Application, the Applicant is seeking stay of the operation and implementation of the Judgment and Award 30.01.2016 passed by the Civil Judge, Senior Division, Raigad at Alibag in LAR No.

787/2000 holding that Respondentsclaimants are entitled to additional compensation of Rs.8,63,769/- in respect of acquired land.

The learned AGP submits that in the present proceeding, the Special Land Acquisition Officer issued notification under Section 4 of the Land Acquisition Act dated 24.09.1986 for acquiring Respondent's land 1/4

from village Dongari, Taluka Uran, District Raigad for New Bombay project. He submits that by following due process of law, the Special Land Acquisition Officer declared Award on 25.09.1989 and awarded sum of Rs.7,904/- by way of compensation. He submits that being aggrieved by the said award, the Respondent preferred Reference under Section 18 of the L.A. Act.

The learned AGP submits that the Reference Court awarded additional compensation of Rs.8,63,769/- in respect of acquired land which is on higher side. He submits that at the time of awarding additional compensation, the Reference Court failed to consider the relevant Sale Deed on record. He submits that they have good chance of success in the present matter. He submits that in the interest of justice, this Hon'ble Court be pleased to stay the operation and implementation of the Judgment and Award passed by the Reference Court. He submits that if entire amount is recovered by the Respondents Claimants in Execution Application, then nothing will survives in this First Appeal.

Considering the submissions made by the learned AGP for the Applicant and averments made in Civil Application, I am 2/4

satisfied that Applicant has made out a case for allowing this Civil Application, but at the same time, they have to deposit entire awarded amount with accrued interest in the Reference Court.

Hence, the following order is passed:

a) Civil Application is allowed in terms of prayer clause (b) on condition that Applicant to deposit the entire awarded amount with interest in the Reference Court on or before 13.12.2019, failing which Civil Application shall stand dismissed without further reference to the Court. Prayer clause (b), reads thus:

"b) That this Hon'ble Court be pleased to stay the operation and/or execution and/or implementation of the Judgment and Award dated 30.01.2016 passed by the Learned Civil Judge, Senior Division, Alibag in LAR No. 787 of 2000 (Old LAR No. 435/1990) till the hearing and final disposal of the above mentioned First Appeal."

b) If amount is deposited within stipulated time, the Reference Court is directed to invest the entire amount in fixed deposit of any nationalised bank, initially for a period of one year and same to be continued till further order.

c) Liberty is granted to the Respondents-Claimants, if they so desire, to 3/4

prefer an appropriate application for withdrawal of amount and that to be decided on its own merits.

d) Civil Application stands disposed of accordingly.

e) No order as to costs.

(K.K.TATED, J.) 4/4