The Executive Engineer, Chaskaman Project Division v. Mrs. Rakhama Baban Durge (Death) Through Her Legal Heirs Mr. Sukhadeo Rakhamaji Durge And ORS.

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.588 OF 2015 FIRST APPEAL (ST) NO. 14809 OF 2014 CIVIL APPLICATION NO.590 OF 2015 FIRST APPEAL (ST) NO. 14790 OF 2014 CIVIL APPLICATION NO.592 OF 2015 FIRST APPEAL (ST) NO. 14792 OF 2014 CIVIL APPLICATION NO.594 OF 2015 FIRST APPEAL (ST) NO. 14794 OF 2014 CIVIL APPLICATION NO.596 OF 2015 FIRST APPEAL (ST) NO. 14796 OF 2014 CIVIL APPLICATION NO.598 OF 2015 FIRST APPEAL (ST) NO. 14802 OF 2014 CIVIL APPLICATION NO.600 OF 2015 FIRST APPEAL (ST) NO. 14798 OF 2014 CIVIL APPLICATION NO.602 OF 2015 FIRST APPEAL (ST) NO. 14800 OF 2014 CIVIL APPLICATION NO.604 OF 2015 FIRST APPEAL (ST) NO. 14804 OF 2014 CIVIL APPLICATION NO.606 OF 2015 1/5

FIRST APPEAL (ST) NO. 14807 OF 2014 CIVIL APPLICATION NO.608 OF 2015 FIRST APPEAL (ST) NO. 14811 OF 2014 CIVIL APPLICATION NO.610 OF 2015 FIRST APPEAL (ST) NO. 14813 OF 2014 CIVIL APPLICATION NO.612 OF 2015 FIRST APPEAL (ST) NO. 14816 OF 2014 CIVIL APPLICATION NO.614 OF 2015 FIRST APPEAL (ST) NO. 14818 OF 2014 CIVIL APPLICATION NO.616 OF 2015 FIRST APPEAL (ST) NO. 14820 OF 2014 CIVIL APPLICATION NO.618 OF 2015 FIRST APPEAL (ST) NO. 14822 OF 2014 CIVIL APPLICATION NO.620 OF 2015 FIRST APPEAL (ST) NO. 14824 OF 2014 CIVIL APPLICATION NO.622 OF 2015 FIRST APPEAL (ST) NO. 14826 OF 2014 CIVIL APPLICATION NO.624 OF 2015 FIRST APPEAL (ST) NO. 14828 OF 2014 CIVIL APPLICATION NO.626 OF 2015 2/5

FIRST APPEAL (ST) NO. 14830 OF 2014 CIVIL APPLICATION NO.628 OF 2015 FIRST APPEAL (ST) NO. 14836 OF 2014 CIVIL APPLICATION NO.630 OF 2015 FIRST APPEAL (ST) NO. 14832 OF 2014 CIVIL APPLICATION NO.632 OF 2015 FIRST APPEAL (ST) NO. 14838 OF 2014 CIVIL APPLICATION NO.634 OF 2015 FIRST APPEAL (ST) NO. 14843 OF 2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. V. S. Tadake i/b. D. D. Shinde for the Applicant. CORAM : K. K. TATED, J.

DATE : FEBRUARY 17, 2015 P.C.:

1.

Mentioned. Not on board. At the request of learned counsel for the Applicant, the matters are taken on board for urgent orders.

2.

These Applications are filed by the Acquiring Body for stay of the operation and implementation of the judgment and award dated 16/04/2013 passed by the Reference Court in LARs.

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3.

The learned counsel for the Applicant submits that they already deposited the entire decretal amount in the Reference Court. He submits that the Respondents - claimants filed Execution Applications. He submits that if the entire amount is recovered by the claimants in the Execution Application, nothing will survive in the appeals. He submits that the Reference Court has enhanced the compensation in respect of the acquired land without considering the sale deeds on record. He submits that the Applicants have good chance of success in the matter. Hence, in the interest of justice, this Hon'ble Court be pleased to stay the operation and implementation of the impugned judgment and award.

4.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Applications.

5.

As these Civil Applications are being disposed of without giving any notice to the Respondents, liberty granted to the Respondents to file an appropriate Application for withdrawal of the amount which will be decided on merits. 4/5

Hence, the following order:

a) The operation and implementation of the judgment and award dated 16/04/2013 passed by the Reference Court in the respective LARs is stayed till further orders. b) The Tribunal is directed to invest the amount deposited by the Applicants, in a fixed deposit account of any Nationalized bank, initially for a period of one year which will be renewed from time to time till further orders.

c) Liberty granted to the Respondent - claimants to file appropriate Application for withdrawal of the amount, if they so desire, which will be decided on its own merits.

d) Civil Applications stand disposed off accordingly.

JUDGE 5/5