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Bombay High CourtCA/2490/2020disposed off

The Executive Engineer Minor Irrigation Division Jalgaon And Another v. Supdu Vishnu Jadhav (Died) Thr. Lrs. Kishor And Others

2020-02-24Hon'Ble Shri Justice K. K. Sonawane2 pages

1 51-CA-2489,90-20-s

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2489 OF 2020 IN FAST/35647/2019 THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION JALGAON AND ANOTHER

VERSUS

SUPDU VISHNU JADHAV (DIED) THR. LRS. KISHOR AND OTHERS ...

Advocate for Applicants : Mr. Ajay D. Pawar AGP for Respondents No. 8 and 9 : Mr. P. M. kulkarni ...

WITH CA/2490/2020 IN FAST/35644/2019 ...

CORAM : K.K. SONAWANE, J.

DATED : 24th FEBRUARY, 2020.

ORDER :- Not on Board. Taken on Board.

2.

Heard learned counsel for the applicant-Acquiring Body. Despite service of notice, no one else appeared on behalf of respondentsclaimants. Perused the applications and other relevant documents placed on record.

3.

Learned counsel for the applicant-Acquiring Body produced document of letter correspondence forwarded to the Government of Maharashtra for budgetary allocation to deposit the decreetal amount in this Court for compliance of order of stay granted by this Court dated 19-11-2019. But, up-till this date, the proposal is still under consideration of Government of Maharashtra for sanction of funds. He prays to extend the stay granted by this Court for further period of eight weeks.

2 51-CA-2489,90-20-s 4.

In view of aforesaid submission and nature of subject matter as well as efforts of the Acquiring Body for procuring the budgetary allocation from the Government of Maharashtra, there is no impediment to continue prohibitory order of stay granted by this Court dated 19-11-2019, which came to be expired on 11-02-2020, till further period of eight weeks. Hence, Civil Application deserves to be allowed.

5.

The Civil Application stands allowed in terms of prayer clause 'B'. The period of granting order of interim relief of stay to the impugned Judgment and Award passed by learned Reference Court, in LAR proceedings filed under Section 18 of Land Acquisition Act, 1894, by this Court dated 19-11-2019, is hereby extended for further period of eight weeks from the date of this order i.e. till 20-04-2020. 6.

Accordingly, the Civil Application stands disposed of. Sd./- [ K. K. SONAWANE ] JUDGE rrd