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Bombay High CourtCAF/105/2014disposed off

The State Of Maharashtra Through The The Special Land Acquisition Officer v. Shri. Anant Tukaram Mhatre And ORS.

2015-08-26Hon'Ble Shri Justice K.R. Shriram,Hon'Ble Shri Justice A.S. Oka2 pages

caf105-106 ssp FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.105 OF 2014 IN FIRST APPEAL ST.NO.35707 OF 2013 with CIVIL APPLICATION NO.106 OF 2014 IN FIRST APPEAL ST.NO.35723 OF 2013 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Amil Palkar, AGP for the Applicant Mr.Sachin S. Punde for the Respondents.

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

DATE : AUGUST 26, 2015.

P.C.

Heard the learned AGP for the applicant and the learned counsel for the respondents.

The appeals challenging the Awards made under section 18 of the Land Acquisition Act,1894 have been admitted. Hence, entire amount of compensation payable under the impugned Judgments and Awards will have to be deposited as a condition for grant of stay.

Accordingly, civil applications are disposed of by passing the following order:

caf105-106 (I) There will be interim stay to the execution and operation of the impugned Award subject the applicant depositing entire compensation amount with the Reference Court within a period of three months from today. If the amount is not deposited, the stay shall stand vacated without further reference to the Court;

(ii) It will be open for the respondents/original claimants to withdraw entire compensation amount on furnishing adequate security to the satisfaction of the Reference Court.

The applicant shall be heard before accepting security;

(iii) If the compensation amount is not withdrawn within a period of six months from the date on which the same is deposited with the Reference Court, the same shall be invested in fixed deposit with any nationalised bank till the disposal of the Appeals;

(iv) Civil Applications are disposed of.

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