The State Of Maharashtra (Through The Special Land Acquisition Officer,) And Others v. Rajaram Gangaram Gharat (Since Deceased Through Lrs)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 271 OF 2020 IN FIRST APPEAL (ST) NO. 24974 OF 2019 State of Maharashtra and Anr.
... Applicants V/s.
Mr. Rajaram Gangaram Gharat and Ors. ... Respondents Mr. A.R. Patil, AGP for the Applicant.
CORAM: K.K.TATED, & SARANG V. KOTWAL JJ.
DATE : 12th MARCH 2020 P.C.
Heard learned Counsel for the parties.
By this Civil Application, Applicant State of Maharashtra is seeking stay of operation and implementation of the judgment and award dated 14.01.2019 passed by the learned 4th Joint Civil Judge, Senior Division, Alibag in L.A.R. No. 682 of 2000 holding that Respondents Claimants are entitled to additional compensation in respect of acquired land to the tune of Rs.2,18,08,008/- The learned AGP submits that in the present proceeding, the Special Land Acquisition Ofcer issued notifcation under Section 4 of the Land Acquisition Act dated 24.09.1986 for acquiring Respondent's land from 1/4
village Bokadvira, Taluka Uran, District Raigad for New Bombay project. He submits that by following due process of law, the Special Land Acquisition Ofcer declared Award dated 11.01.1989 under Section 11 of the said Act and awarded compensation in respect of acquired land to the tune of Rs. 84,642/-.
Being aggrieved by the said award, the Respondents preferred application under Section 18 of the Land Acquisition Act on 22.12.1989 and claimed additional compensation @ Rs.2000/- per sq. meter. He submits that the Reference Court relying on the previous judgment, held that Claimants are entitled to additional compensation @ 1,150/- per sq. meter.
The learned AGP submits that the Reference Court awarded compensation in respect of acquired land on 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 averments made in Civil Application, we are satisfed that Applicant has made out a case for allowing this Civil Application, but at the same 2/4
time, they have to deposit entire awarded amount with accrued interest in the Reference Court.
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 01.06.2020, 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 14.01.2019 passed by the Learned 4th Joint Civil Judge, Senior Division, Alibag in LAR No. 682 of 2000 (Orig. LAR No. 328 of 1990) till the hearing and fnal disposal of the above mentioned First Appeal."
b) If amount is deposited within stipulated time, the Reference Court is directed to invest the entire 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. 3/4
(e) No order as to costs.
(SARANG V. KOTWAL, J.) (K.K.TATED, J.) 4/4