The State Of Maharashtra Through The Special Land Acquisition Officer v. Shri. Gopal Pandurang Padval (Dead) His L. R.S. 1a. Smt. Shamala Gopal Padval And ORS.

caf-4281.14 pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4281 OF 2014 IN FIRST APPEAL NO.1472 OF 2014 The State of Maharashtra through the Special Land Acquisition Officer ... Applicant

Versus

Shri. Gopal Pandurang Padval (deceased) through Lrs. And Ors.

... Respondents Mr. A.R. Patil, AGP, for the Applicant.

CORAM : A.S. OKA & K.R. SHRIRAM, JJ.

DATE : 19th AUGUST, 2015 P.C.

.

Heard the learned AGP for the Applicant. Respondents have been duly served.

2.

First Appeal has been admitted where the challenge is to the Award made under Section 18 of the Land Acquisition Act, 1894. Hence, we dispose of the Application by passing the following order :-

ORDER

(i) Ad-interim relief granted on 18th February, 2015 shall continue to operate as interim relief subject to the condition of the Applicant depositing the entire

caf-4281.14 compensation amount with the Reference Court within a period of two months from today. If the amount is not deposited within the stipulated time, stay shall stand vacated without further reference to the Court; (ii) If the amount is deposited, the original claimants will be entitled to withdraw the amount on furnishing adequate security to the satisfaction of the Reference Court. Before accepting the security, the Reference Court shall give an opportunity of being heard to the Applicant;

(iii) If the claimants fail to withdraw the compensation amount on furnishing security as aforesaid within a period of six months from the date on which the amount is deposited, the Reference Court shall invest the said amount in Fixed Deposit in any Nationalised Bank till the disposal of the Petition.

(K.R. SHRIRAM, J ) (A.S. OKA, J )