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Bombay High CourtCAF/3994/2016allowed

The State Of Maharashtra(The Special Land Acquisition Officer) And ANR. v. Shri. Pandurang Waman Rane

2017-12-13Hon'Ble Mrs. Justice Mridula Bhatkar4 pages

Trupti

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3991 OF 2016 WITH CIVIL APPLICATION NO. 3992 OF 2016 IN FIRST APPEAL (ST.) NO. 18873 OF 2016 The State of Maharashtra (The Special Land Acquisition Officer) & Anr ...Applicants

Versus

Shri. Harishchandra Raghunath Sukadare & Anr.

...Respondents

WITH CIVIL APPLICATION NO. 3993 OF 2016 WITH CIVIL APPLICATION NO. 3994 OF 2016 IN FIRST APPEAL (ST.) NO. 18869 OF 2016 The State of Maharashtra (The Special Land Acquisition Officer) & Anr. ...Applicants

Versus

Shri Pandurang Waman Rane

...Respondent

.......

Mr.A.R.Patil, AGP for the Applicants/State.

......

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CORAM:MRS.MRIDULA BHATKAR, J.

DATE :DECEMBER 13, 2017 P.C.:

1.

Upon urgent mentioning, taken on Production Board. CIVIL APPLICATION NO. 3911 OF 2016 2.

Civil Application No. 3911 of 2016 is filed for condonation of delay in preferring the appeal. Issue notice to the respondents, returnable on 21st February, 2018.

CIVIL APPLICATION NO. 3992 OF 2016 3.

By this Civil Application, the learned AGP for the applicants/State seeks stay to the execution and implementation of the judgment and award dated 21st November, 2015 passed by the learned District Judge-1, Khed in L.A.R. No. 45 of 2003, as the execution proceedings are initiated against the applicants. The learned AGP submitted that the applicants are ready to deposit the entire amount of compensation alongwith interest accrued thereon. 4.

In view of the above, the operation, implementation and execution of the impugned judgment and award is hereby stayed, subject to the applicants/State to deposit the entire amount of 2 / 4

compensation alongwith interest accrued thereon on or before 21st February, 2018 in the trial Court. If the amount is not deposited within the stipulated time, the stay granted by this Court will be vacated forthwith.

5.

Civil Application is allowed and is disposed of accordingly. CIVIL APPLICATION NO. 3993 OF 2016 6.

Civil Application No. 3993 of 2016 is filed for condonation of delay in preferring the appeal. Issue notice to the respondent, returnable on 21st February, 2018.

CIVIL APPLICATION NO. 3994 OF 2016 7.

By this Civil Application, the learned AGP for the applicants/State seeks stay to the execution and implementation of the judgment and award dated 21st November, 2015 passed by the learned District Judge-1, Khed in L.A.R. No. 52 of 2003, as the execution proceedings are initiated against the applicants. The learned AGP submitted that the applicants are ready to deposit the entire amount of compensation along with interest accrued thereon. 3 / 4

8.

In view of the above, the operation, implementation and execution of the impugned judgment and award is hereby stayed, subject to the applicants/State to deposit the entire amount of compensation alongwith interest accrued thereon on or before 21st February, 2018 in the trial Court. If the amount is not deposited within the stipulated time, the stay granted by this Court will be vacated forthwith.

9.

Civil Application is allowed and is disposed of accordingly. (MRIDULA BHATKAR, J.) 4 / 4