The State Of Maharashtra v. Harjeevan Nama Thakur

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1420 OF 2014 WITH CIVIL APPLICATION NO.4118 OF 2014 The State of Maharashtra ... Appellant vs.

Harjeevan Nama Thakur ... Respondent Mr. A.R. Patil, AGP, for the Appellant.

Mr. Sachin Punde, for the Respondent.

CORAM:

MRS.MRIDULA BHATKAR, J.

DATE:

AUGUST 21, 2015 P.C.:

.

Admit.

2.

The learned AGP prays for stay of the impugned judgment and award.

3.

The Applicant/Appellant State is directed to deposit the entire decreetal amount along with the interest accrued thereon within twelve weeks Vishal 1 / 3

from today subject to the compliance of the judgment and award dated 28th November, 2011 passed by the learned Judge, Civil Judge Senior Division, Panvel in Land Acquisition Reference No. 62 of 1996.

4.

The judgement and award dated 28th November, 2011 is hereby set aside. If the amount is not deposited within twelve weeks along with the interest accrued thereon, the stay granted by this order will be vacated forthwith.

5.

The claimant is allowed to withdraw the amount if deposited by the Appellant on furnishing the adequate security to the satisfaction of the reference Court along with the undertaking. The Appellant/applicant shall be heard before accepting the security. If the amount is not withdrawn then the said amount is to be deposited in the fixed deposit of any nationalized bank.

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6.

The Civil Application stands disposed of accordingly.

(MRS.MRIDULA BHATKAR, J.) 3 / 3