Bhaskar Gana Bhoir And ANR. v. The Special Land Acquisition Officer, Thane

skn 1 8-IA-20384.2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE INTERIM APPLICATION NO. 20384 OF 2022 IN FIRST APPEAL NO. 839 OF 2018 Bhaskar Gana Bhoir and another.

...

Applicants.

V/s.

The Special Land Acquisition Officer, Thane.

...

Respondents.

None for the Applicants.

SANJAY KASHINATH NANOSKAR CORAM :

NITIN JAMDAR, AND MANJUSHA DESHPANDE, JJ.

SANJAY KASHINATH NANOSKAR Date: 2023.11.09 20:13:23 +0530 DATE :

4 November 2023.

P.C. :

None for the Applicants. The application, taken out by the Applicants/ Claimants in the first appeal filed by them for enhancement of the compensation awarded in respect of acquisition of land, is entirely misconceived. The application seeks direction to the Respondent- State to deposit the amount already granted in favour of the Appellant/ Applicant with interest and also a direction to expedite the execution proceeding.

2.

As regards the first part is concerned, if there is no order restraining the Applicant from executing the decree, then execution of the decree is a proper remedy. In this application, we cannot

skn 2 8-IA-20384.2022.doc direct that the execution of the proceeding pending before the learned Judge be expedited within a time bound period. 3.

The civil application is disposed of leaving it open to the Appellant to adopt appropriate remedy in law. (MANJUSHA DESHPANDE, J.) (NITIN JAMDAR, J.)