The State Of Maharashtra Through The Special Land Acquisition Officer, Cidco, Nashik And ANR. v. Shri. Pandu Jiva Gavali (Deceased) His L.Rs. Heirs 1. Shir. Yeshwant Pandu Gavali And ORS.

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2011/2015 IN FIRST APPEAL (ST)NO.31052/2013 WITH CIVIL APPLICATION NO.2013/2015 IN FIRST APPEAL (ST)NO.31062/2013 WITH CIVIL APPLICATION NO.2015/2015 IN FIRST APPEAL (ST)NO.31068/2013 WITH CIVIL APPLICATION NO.2017/2015 IN FIRST APPEAL (ST)NO.31074/2013 WITH CIVIL APPLICATION NO.2019/2015 IN FIRST APPEAL (ST)NO.31082/2013 WITH CIVIL APPLICATION NO.2021/2015 IN FIRST APPEAL (ST)NO.31118/2013 1/4

WITH CIVIL APPLICATION NO.2023/2015 IN FIRST APPEAL (ST)NO.31126/2013 WITH CIVIL APPLICATION NO.2025/2015 IN FIRST APPEAL (ST)NO.31134/2013 OfÏce Notes, OfÏce Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders AGP Mrs.Geeta Mulekar for applicant.

CORAM : K. K. TATED, J DATE : AUGUST 16, 2019.

P.C.:

Heard learned counsel for parties.

2.

By this civil application, the applicants are seeking stay of operation and implementation of judgment and award dated 30.11.2010 passed by the reference Court, Nashik in Land Acquisition Reference matters awarding additional compensation in respect of acquired land.

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3.

Learned AGP Mrs.Mulekar submits that pending the hearing and final disposal of first appeal, this Court be pleased to stay operation and implementation of impugned judgment and award passed by reference court. She submits that if entire award is recovery by respondents/claimants by filing execution application then nothing will survive in the present proceeding.

4.

Considering the submissions made by learned AGP for applicant and impugned judgment and award passed by the reference court, I am satisfied that applicant has made out case for following order.

5.

Hence, the order.

a)Operation and implementation of impugned judgment and award dated 30.11.2010 passed by reference court, in Land Acquisition References, is stayed till hearing and final disposal of first appeal, on condition that, applicants to deposit entire awarded amount with interest in reference court on or before 11.10.2019 failing which all civil applications shall stand dismissed without referring back to the court.

b) If amount is deposited, reference court is directed to invest the entire amount in a Fixed 3/4

Deposit in any Nationalized bank, initially for a period of one year and thereafter same be continued till further orders.

c) Liberty granted to respondents/claimants if they so desire, to prefer appropriate application for withdrawal of amount and that application will be decided on its own merits.

e) All civil applications are disposed of accordingly.

f) No order as to cost.

(K.K.TATED, J.) 4/4