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Bombay High CourtCAF/4663/2016

The Executive Engineer Nandur Madhyameshwar Prakalpa Division, Nashik v. Shri. Namdev Dhondu Kokane And ANR.

2019-03-14Hon'Ble Shri Justice K.K. Tated2 pages

927(k).caf.4663.2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4663 OF 2016 IN FIRST APPEAL (ST) NO.7243 OF 2016 The Executive Engineer Nandur Madhyameshwar Prakalpa Division, Nashik .. Applicant

Versus

Shri. Namdev Dhondu Kokane and Anr.

.. Respondents None for the applicant.

Mr. Yogesh Dabake, AGP for respondents.

CORAM:

K.K. TATED, J.

DATED :

MARCH 14, 2019.

P.C. :

None for the applicant. Mr. Yogesh Dabake, AGP for respondent/State.

2.

By this Civil Application, acquiring body is seeking the stay of the operation and implementation of the judgment and award passed by the Reference Court awarding the enhanced compensation in respect of the acquired land. 3.

Considering the submissions made in civil application, and the impugned order, I am satisfied that the applicant has made out case for allowing this Civil Application. But at the same time, they have to deposit entire awarded amount in the Reference Court. Hence, following order :- S.C.Magar

927(k).caf.4663.2016.doc a) Operation and implementation of impugned judgment and award passed by Reference Court in Land Acquisition Reference No. 254 of 2006 is stayed till the hearing and final disposal of the First Appeal, on condition that the applicant to deposit the entire awarded amount in the Reference Court on or before 30.04.2019, failing which Civil Application shall stand dismissed without reference to the Court.

b) If amount is deposited within stipulated time, the Reference Court is directed to invest the said amount in a fixed deposit account of any Nationalized Bank, initially for a period of one year and same shall be continued till further orders.

c) Liberty granted to the respondent/original claimants to prefer an appropriate Application for withdrawal of further amount, if they so desire, which will be decided on its own merits d) Civil Application stands disposed of accordingly. e) No order as to costs.

(K. K. TATED, J.) S.C.Magar