Cawas Rustom Nazir And ANR. v. State Of Maharashtra And ANR.

Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2498 OF 2014 IN CIVIL APPLICATION NO.1763 OF 2011 IN FIRST APPEAL NO.423 OF 2012 Cawas Rustom Nazir & Anr.

.... Applicants V/s.

State of Maharashtra & Anr.

.... Respondents Mr. S.A.K. Najam-es-sani, i/by M/s. Maneksha & Sethna, for the Applicants.

Mr. A.R. Patil, A.G.P., for Respondent No.1/State. Mr. Vijay Dinkarrao Patil for Respondent No.2. CORAM : ABHAY S. OKA & DR. SHALINI PHANSALKAR-JOSHI, J.J.

DATE : 6 TH APRIL, 2015.

P.C. :

1.

Heard learned Counsel appearing for the Applicants, learned A.G.P. for the 1st Respondent and learned Counsel appearing for the 2nd Respondent.

2.

The Applicants are the Appellants. A reference under Section 18 of the Land Acquisition Act, 1894 was made at the instance of the Applicants for enhancement of compensation. The Reference has been partly 1/2 CAF-2498-14.doc

allowed by the impugned Judgment and Award, and enhancement in the compensation has been granted. First Appeal No.423 of 2012 preferred by the Applicants is for grant of further enhancement. It is an admitted position that the impugned Award has not been challenged by the 1st and 2nd Respondents. Therefore, the Applicants are entitled to withdraw the amount payable as per the impugned Judgment and Award. 3.

Accordingly, the Civil Application is allowed in terms of prayer clause (a).

4.

If the Respondents have not deposited the entire amount due and payable as per the impugned Judgment and Award, it will be open for the Applicants to file appropriate execution proceedings before the appropriate Court for recovery of the said amount. 5.

Civil Application is disposed of in the above terms. [DR. SHALINI PHANSALKAR-JOSHI, J.] [ABHAY S. OKA, J.] 2/2 CAF-2498-14.doc