The State Of Maharashtra (Thr.The Deputy Collector (Land Acquisition), v. Late K.A.Gharat @ Kalpana D Patil,Deceased Thr.Lrs.Shri.Rajendra Dharma Patil And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 469 OF 2019 IN FIRST APPEAL (ST.) NO. 23830 OF 2017 The State of Maharashtra ... Applicant V/s.

Late Kalpana Anant Gharat @ Kalpana Dharma Patil (since deceased through legal heirs) Shri Rajendra Dharma Patil & Ors.

... Respondents .......

Mrs. Tanaya Goswami, AGP for the Applicant.

Mr. Hemant Ghadigoankar for the Respondent Nos. 1 to 5. .......

CORAM :

K.K. TATED, J.

DATE :

25th JUNE, 2019.

P.C.:

Heard learned Counsel for the parties.

2.

By this Civil Application, Applicant-State of Maharashtra is seeking stay of the operation and implementation of Judgment and Award dated 28th November 2016 passed by the learned Civil Judge, Senior Judge, Alibag, Dist. Raigad in L.A.R. No. 178 of 2016 till the hearing and final disposal of the First Appeal.

3.

The learned AGP for Applicant submits that in the present proceedings, Spl. Land Acquisition Officer issued notification under Section 4 of Land Acquisition Act dated 24th September 1986 for acquiring Respondent original claimant's land from village Panje, Taluka Uran, Dist. Raigad for the purpose of "New Bombay Project". She submits that after following due process of law, the Special Land Acquisition Officer passed Award dated 26th January 1989 under Section 11 of the said Act and awarded sum of Rs.14,774/- by way of compensation in respect of the land acquired land. 4.

The Respondents original claimants preferred reference under Section 28-A of the Land Acquisition Act on the basis of previous Judgment in respect of the land arising from the same local area. She submits that thereafter claimant preferred the reference under Section 28A(3) of the said Act on the basis of the earlier Judgments @ Rs.5,000/- per square meter. Reference Court held that claimants are entitled for sum of Rs.2,60,226/- by way of additional compensation for land @ Rs.500/- per square meter. She submits that at the time of deciding the Reference under Section 28-A(3) of the said Act, the reference Court fail to consider the evidence on record brought by the Applicant. She submits that if entire amount is

recovered by the respondent by way of execution application, nothing will survive in the present First Appeal. She submits that they are having good chance of success in the present proceeding. 6.

Learned AGP submits that pending the hearing and final disposal of First Appeal, this Hon'ble Court be pleased to stay the operation and implementation of impugned Judgment and Award passed by the reference Court.

7.

The learned Counsel appearing on behalf of the Respondentclaimant vehemently opposed the present Civil Application. He submits that the reference Court after considering the evidence on record, passed the Judgment and Award under Section 28-A(3) of the said Act. Therefore, there is no question of granting any stay in favour of Applicant. He further submits that in any cases, the reference Court has passed money decree, therefore if stay is granted, in that case Applicant may be directed to deposit the entire awarded amount with interest in the reference Court. 8.

Considering the submissions made by the learned AGP for the Applicant, averments made in Civil Application and as the reference Court awarded additional compensation of Rs.2,50,226/-, I am

satisfied that Applicant has made out case for following order:- A) Civil Application is allowed in terms of prayer clause (b), which reads thus:- "(b) That this Hon'ble Court be pleased stay the operation and/or execution and/or implementation of the Judgment and Award dated 28.11.2016 passed by the Learned Civil Judge, Senior Division, Alibag, District Raigad in L.A.R. No. 178 of 2016, till the hearing and final disposal of above mentioned First Appeal" on Condition that Applicant has to deposit the entire awarded amount with interest in reference Court on or before 30th September 2019 failing which Civil Application shall stand dismissed without further reference to the Court. B) If the amount is deposited within stipulated time as stated herein above, reference Court is directed to invest the said amount in fixed deposit of any Nationalized Bank, initially for a period of one year and same to be continued till further order.

C) Liberty granted to the Respondent-claimant to prefer an appropriate application for withdrawal of the amount, if

they desire so, which will be decided on its own merits. D) Civil Application disposed off accordingly.

E) No order as to costs.

(K.K. TATED, J.)