The State Of Maharashtra (Through The Deputy Collector ( Land Acquisition ) And ANR v. Parshuram Laxman Bhoir
25-ASIAFA-3958-2021.DOC 2024:BHC-AS:1389 Gaikwad RD
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.3958 OF 2021 IN FIRST APPEAL (ST) NO. 2206 OF 2021 The State of Maharashtra through the Deputy Collector (Land Acquisition) & Anr.
...Applicants In the Matter Between:
The State of Maharashtra through the Deputy Collector (Land Acquisition) & Anr.
...Appellants
Versus
Parshuram Laxman Bhoir
...Respondent
Ms. Tanaya Goswami, AGP, for the Applicant/State.
CORAM
Dr. Neela Gokhale, J.
DATED:
11th January 2024 PC:- 1.
The application seeks stay of the operation/execution/ implementation of judgment and award dated 1st November 2018 which is impugned in the first appeal. Ms. Goswami, learned AGP says that the reference Court erred in holding the claimant as entitle to all other statutory benefits of the 12% additional component payable under the relevant provisions of Land Acquisition Act as well as 30% solatium and interest @ 9% per annum on the amount from the date of possession of acquired land with further interest of 15% per annum till realization of the entire amount of compensation. 11th January 2024
25-ASIAFA-3958-2021.DOC 2.
Ms. Goswami, learned AGP says that there is merit in the present appeal and if stay is not granted the Applicant will suffer the irreparable loss. The balance of convenience lies in favour of the application. In view of the averments in the application as well as submissions made by the learned Additional Government Pleader, I am satisfied that the judgment and award impugned in the present appeal is required to be stayed during the pendency of the appeal. 3.
Hence, interim relief in terms of clause (b) of the application is granted subject to the applicant depositing the entire decretal amount with interest till the date of deposit in the reference Court at Raigad Alibaug, if not already deposited. The said amount is to be deposited within a period of 12 weeks from today. 4.
The application is disposed of accordingly.
(Dr. Neela Gokhale, J) 11th January 2024