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Bombay High CourtCA/4568/2024admittedallowedgrantedrule absolute

The Administrator Cidco Waluj Mahanagar Waluj Aurangabad v. Sandu Digambar Mungse

2024-05-08Hon'Ble Shri Justice S. G. Mehare3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 8 FIRST APPEAL NO. 1099 OF 2024 WITH CIVIL APPLICATION NO. 4568 OF 2024 IN FA/1099/2024 WITH CIVIL APPLICATION NO. 4569 OF 2024 IN FA/1099/2024 THE ADMINISTRATOR CIDCO WALUJ MAHANAGAR WALUJ AURANGABAD

VERSUS

SANDU DIGAMBAR MUNGSE AND 9 FIRST APPEAL NO. 1115 OF 2024 WITH CIVIL APPLICATION NO. 4626 OF 2024 IN FA/1115/2024 WITH CIVIL APPLICATION NO. 4627 OF 2024 IN FA/1115/2024 THE ADMINISTRATOR CIDCO WALUJ MAHANAGAR WALUJ AURANGABAD

VERSUS

1. SUNDARBAI ASARAM SALAMPURE ...

Advocate for Appellants : Mr. Deshmukh Shambhuraje V. AGPs for Respondents-State : Mr. S. N. Kendre, Mr. P. D. Patil, respectively.

...

CORAM : S. G. MEHARE, J.

DATE :

08.05.2024 PER COURT :- Civil Applications for Delay 1.

Since the appeals have been filed within time, civil applications for delay condonation do not survive. Accordingly, the applications stand disposed of.

2.

Issue notice to the respondents.

3.

Learned AGP waives service of notice for respondentsState Authorities. Civil Applications for Stay 4.

Heard the learned counsel for the appellant and learned AGP for the respondent/s-State.

5.

He would submit that the notification for acquisition was issued in the year 2011. However, the Reference Court has considered the sale deed after the date of the notification. The sale instances have not been correctly considered. The development charges were also be incorrectly considered while determining the price.

6.

Considering the grounds mentioned in the appeals, there shall be interim stay to the execution and implementation of the impugned judgments and awards on the condition to deposit entire compensation amount with interest as per the impugned judgment and award within twelve (12) weeks from today with this Court.

7.

If the money is not deposited in a given time, the stay would be vacated automatically.

8.

There shall be no extension of time to deposit the money as directed.

9.

Stand over to 05.08.2024.

(S. G. MEHARE, J.) ...

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