The Ex. Engineer, Minor Irrigation Div. No. 1 Aurangabad Thr Gmidc, Aurangabad v. Daulat Parbat Patil And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 903 CIVIL APPLICATION NO.7419 OF 2020 IN FIRST APPEAL [STAMP] NO.14818 OF 2020 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION NO.1, AURANGABAD

VERSUS

DAULAT PARBAT PATIL & OTHERS ...

Mr.S.G.Bhalerao, Advocate for the applicantappellant. Mr.R.P.Adgaonkar, Advocate h/f. Mr.V.B.Patil, Advocate for the respondent no.1.

Mr.P.M.Kulkarni, AGP for the respondentState. ...

CORAM : V.L.ACHLIYA,J.

DATE : 09.12.2020 P.C.

1] The applicant - appellant has moved this application seeking stay to the execution of the Award.

2] Heard learned counsel for the applicant - appellant and learned Advocate representing the respondent no.1 - claimant as well as learned AGP for the respondentState. 3] In brief, it is the contention of the learned counsel for the applicant -

appellant that the compensation assessed by the SLAO @ Rs.1050/- per Are which has been enhanced to Rs.4125/- per Are. It is submitted that the amount of Rs.1,44,20,810/- is paid towards fruit bearing trees. So also the interest has been awarded from the date of Notification. It is submitted that the decision of the Reference Court is not sustainable in the light of decision of the Full Bench in the case of State of Maharashtra Vs. Kailash Shiva Rangari reported in 2016 [3] Mh.L.J. 457.

4] On the other hand, learned counsel for the respondent-claimant opposed the application with contention that the appeal filed is devoid of merits.

5] Mr.Bhalerao, learned counsel for the applicant - appellant makes a statement that the amount in terms of award shall be deposited within twelve [12] weeks.

6] The statement made by the applicant - appellant through Advocate is accepted. The application is allowed subject to deposit of amount within twelve [12] weeks.

7] Failure to deposit the amount within twelve [12] weeks, the stay granted stands vacated unless time is extended before due date for deposit of amount.

8] Civil Application is disposed of in above terms.

[V.L.ACHLIYA] JUDGE DDC