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Bombay High CourtCAF/3501/2015disposed off

The State Of Maharashtra v. Mr. Chaya Maya Patil And ORS.

2015-11-16Hon'Ble Shri Justice G.S. Patel,Hon'Ble Shri Justice A.S. Oka2 pages

58-CAF3501-15.DOC AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3501 OF 2015 IN FIRST APPEAL NO. 1148 OF 2015 The State of Maharashtra ...Appellant

Versus

Mr. Chaya Maya Patil & Ors.

...Respondents

Mr. A. R. Patil, AGP, for the Appellant/Applicant. Mr. Sachin Suryakant Punde, for the Respondents Nos.1 to 3. CORAM: A.S. OKA & G.S. PATEL, JJ.

DATED: 16th November 2015 PC:- 1.

The Appeal where challenge is to the Award made under Section 18 of the Land Acquisition Act, 1894 has been admitted. 2.

Hence, we dispose of the application by passing the following order:

(a) There will be interim relief in terms of prayer clause (b), subject to the condition of Appellant depositing

58-CAF3501-15.DOC entire compensation amount with the Reference Court within a period of four months from today;

(b) If the amount is not deposited within the stipulated time, the stay shall stand vacated without further reference to the Court;

(c) It will be open for the Original Claimants to withdraw the amount so deposited on furnishing adequate security for the said amount to the satisfaction of the Reference Court. Before accepting such security, the Reference Court shall hear the Applicant;

(d) If the amount deposited is not withdrawn by the claimants within a period of six months from the date of deposit of the amount, the same shall be invested by the Reference Court in a fixed deposit in any nationalized bank till the final disposal of the Appeal; (e) The Application is disposed of on above terms. (G. S. PATEL, J.) (A.S. OKA, J.)