The State Of Marharashtra Through Through The Deputy Collector v. Kai.Banubai Devidas Thakur-Dead Thr.Kai.B.D.Thakur-Dead Thr.Lrs.Smt.Vithabai Baburao Thakur And ORS
ssp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3003 OF 2019 IN FIRST APPEAL ST.NO.16656 OF 2019 The State of Maharashtra ...Applicant vs.
Banubai Devidas Thakur (since deceased through LR) & Ors.
...Respondents
Mr.Yogesh Dabke, AGP for the Applicant CORAM :K.K.TATED,J.
DATE : SEPTEMBER 5, 2019 P.C.:
Heard learned AGP for the Applicant.
By this Civil Application, Applicant is seeking stay of operation and implementation of judgment and award dated 11.9.2017 passed by the learned Civil Judge (S.D.), Alibag, in LAR No. 274 of 2016 holding that the respondents are entitled to a sum of Rs.22,74,777/- by way of additional compensation in respect of 1600 sq meter land from survey No.3/3, Village Shematikhar, Taluka Uran, District Raigad.
The learned AGP submits that the Reference Court held that the respondents are entitled to additional compensation of Rs.22,74,777/- relying on previous Judgment in LAR No.629 of 2000 only.
The learned AGP submits that in the present proceedings the SLAO issued notifcation dated 25.7.1991 under section 4 of the Land Acquisition Act for acquiring the respondent's land from village Shemtikhar, Taluka Uran, District Raigad for New Bombay Project. He submits that after following due process
of law, the SLAO passed Award on 3rd September 1994 u/s.11 of the said Act and awarded compensation of Rs.23,484/- in respect of the acquired land. He submits that being aggrieved by the said Award passed by the SLAO, the respondents original claimants preferred Reference under the said Act claiming enhanced compensation @ Rs.3000/- PSM on 16.9.2016.
The learned AGP submits that the Reference Court erred in coming to the conclusion that, the respondents are entitled to additional compensation in respect of the acquired land to the tune of Rs.22,74,777/-. He submits that the compensation awarded by the Reference Court is on the higher side. He submits that they have good chance of success in the present matter. He submits that in the interest of justice, this Hon'ble Court be pleased to stay the operation and implementation of the Judgment and Award passed by the Reference Court. He submits that if entire amount is recovered by the Respondents Claimants in Execution Application, then nothing will survives in this First Appeal.
Considering the submissions made by the learned AGP for the Applicant and observations made by the Reference Court, I am satisfed that Applicant has made out a case for allowing this Civil Application.
Hence, the following order is passed:
a) Civil Application is allowed in terms of prayer clause (b) on condition that Applicant to deposit the entire awarded amount with interest in the Reference Court on or before 30.11.2019 failing which Civil Application shall stand dismissed without further reference to the Court. Prayer
clause (b), reads thus:
"b) that this Hon'ble Court be pleased to stay the execution, operation and implementation of the Judgment and Award dated 11.9.2017 passed by the learned Civil Judge, Senior Division, Alibag in LAR No.274 of 2016 till the hearing and fnal disposal of the above mentioned First Appeal.A b) The Reference Court is directed to invest the amount in fxed deposit of any nationalised bank, initially for a period of one year and same to be continued till further order. c) Liberty is granted to the Respondents-Claimants, if they so desire, to prefer an appropriate application for withdrawal of amount and that to be decided on its own merits. d) Civil Application stands disposed of accordingly. e) No order as to costs.
(K.K.TATED,J.)