Executive Engineer Sina Kolegaon Project Division Paranda Taluka Paranda District Osmanabad v. Kaishalyabai Digambar Ghogare Died Thr Lrs Gajendra Died Thr Lrs Chandrasena And ORS

2024:BHC-AUG:19659 (1) 97-ca-9116-2024-stay.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9116 OF 2024 IN FAST/19213/2024 EXECUTIVE ENGINEER SINA KOLEGAON PROJECT DIVISION PARANDA TALUKA PARANDA DISTRICT OSMANABAD

VERSUS

KAISHALYABAI DIGAMBAR GHOGARE DIED THR LRS GAJENDRA DIED THR LRS CHANDRASENA AND ORS ...

Mr. Arun Hanumant Koralkar, Advocate for Applicant. Mrs. Vaishali A. Shinde (More), Advocate for Respondent No.2. ...

CORAM : S. G. CHAPALGAONKAR, J.

DATED : 26th AUGUST, 2024.

P.C.:- 1.

Heard learned Advocates for the respective parties. 2.

The order dated 12.12.2023 is brought to the notice of this Court by Mrs. Shinde, learned Advocate appearing for the claimants and points out that stay to the Reference Court Awards from same acquisition is granted on condition of deposit of 100% awarded amount with the Registry of this Court. She would urge to follow the same course in present matter.

3.

Mr. Koralkar, learned Advocate appearing for the applicant, however, submits that in another connected matters arising out of Sina Kolegaon Project vide order dated 09.10.2023 this Court has stayed the Award by putting condition of deposit of 50% of compensation amount.

4.

Having considered submissions advanced, it appears that order dated 12.12.2023 takes into account some previous orders in

(2) 97-ca-9116-2024-stay.odt group of matters arising out of same project and direction is given to deposit 100% of the awarded amount as pre-condition for grant of stay. In that view of the matter, same course needs to be followed in present case. Hence, following order:

ORDER

a. Civil Application is allowed subject to condition that applicant deposits entire amount of Award with Registry of this Court within 12 weeks from today.

b.

It is made clear that in case of non-deposits of amount within stipulated period, interim stay shall stand vacated without further reference to this Court.

c.

Civil Application is disposed of.

(S. G. CHAPALGAONKAR) JUDGE Devendra/August-2024