The State Of Maharashtra And ANR v. Meerabai Daskumar Joshi

1 10-CA-9170-16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.9170 OF 2016 IN FA/1926/2018 WITH CIVIL APPLICATION NO.9172 OF 2016 IN FA/1925/2018 THE STATE OF MAHARASHTRA AND ANOTHER

VERSUS

GOKUL PRATISHTHAN THROUGH ITS PRESIDENT ...

AGP for Applicants : Mr. S.S. Dande Advocate for Respondent : Mr. Girish N. Kulkarni ...

CORAM : KISHORE. C. SANT, J.

DATE : 07th NOVEMBER, 2023 PER COURT :

1.

These applications are filed seeking stay to the impugned judgment and award passed by learned Civil Judge, Senior Division, Latur, in L.A.R. Nos. 293/2008 and 790/2009, respectively.

2.

Learned reference Court has enhanced the amount at the rate of Rs.6 Lakhs per Hectare. Considering that the amount is more than four times of the compensation already deposited by Land Acquisition Officer, this Court finds that it would be desirable to grant stay to the impugned judgment and award. 3.

The applications are, therefore, allowed in terms of prayer clause 'B', subject to the condition that applicant shall SVH

2 10-CA-9170-16.odt deposit the entire amount of the award with interest within 12 weeks from today, in this Court. After the amount is deposited, respondents shall be entitled to receive 50% amount along with the interest accrued, if any, by furnishing usual undertaking in this Court. Remaining 25% amount shall be withdrawn by the respondents by giving solvent surety/security to the satisfaction of learned Registrar (Judicial) of this Court and remaining 25% amount shall be kept in fixed deposit in any nationalized bank, to be renewed at regular intervals, till decision of the appeal. (KISHORE. C. SANT, J.) SVH