The State Of Maharashtra Through The Special Land Acquisition Officer v. Shri. Namdeo Shankar Patil And ORS.

caf-3271.15 in fast-12375.14 pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3271 OF 2015 IN FIRST APPEAL (ST.) NO.12375 OF 2014 The State of Maharashtra ... Applicant

Versus

Shri Namdeo Shankar Patil and Ors.

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

Mr. Sachin Suryakant Punde for the Respondents. CORAM : A.S. OKA & G.S. PATEL, JJ.

DATE : 21st DECEMBER, 2015 P.C.

.

The Appeal challenging the Award made under Section 18 of the Land Acquisition Act, 1894 has been admitted for final hearing. Hence, we dispose of this application for stay by passing the following order :-

ORDER

(i) There will be interim relief in terms of prayer clause (b) subject to condition of the Applicant depositing the entire compensation amount with the Reference Court within a period of two months from today. If the

caf-3271.15 in fast-12375.14 amount is not deposited within the stipulated time, interim relief of stay shall stand vacated without further reference to the Court;

(ii) As and when the amount is deposited, the Reference Court shall permit the Original Claimants to withdraw the compensation amount on furnishing adequate security to the satisfaction of the Reference Court. The Applicant shall be heard by the Reference Court before accepting security;

(iii) If the amount is not withdrawn by the Original Claimants by furnishing security within a period of four months from the date on which the amount is deposited, the amount shall be invested in any Nationalised Bank in a Fixed Deposit till the final disposal of the Appeal.

(G.S. PATEL, J ) (A.S. OKA, J )