The Executive Engineer Lower Dudhana Project Division, Selu For And On Behalf Of The Gmidc Ltd. v. Walibai Premji Mod (Joshi) And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (1) CA NO.10321/2016gr 991 CIVIL APPLICATION NO. 10321 OF 2016 IN FA/1058/2016 THE EXECUTIVE ENGINEER LOWER DUDHANA PROJECT DIVISION, SELU FOR AND ON BEHALF OF THE GMIDC LTD.

VERSUS

PREMJI @ PREMSING TOLARAMJI JOSHI AND OTHERS ...

992 CIVIL APPLICATION NO. 10322 OF 2016 IN FA/1062/2016 THE EXECUTIVE ENGINEER LOWER DUDHANA PROJECT DIVISION, SELU FOR AND ON BEHALF OF

VERSUS

WALIBAI PREMJI MOD (JOSHI) AND OTHERS ...

993 CIVIL APPLICATION NO. 10323 OF 2016 IN FA/1059/2016 THE EXECUTIVE ENGINEER LOWER DUDHANA PROJECT DIVISIONSELU FOR AND ON BEHALF OF T

VERSUS

CHANDRAKANT DAYARAMJI MEHATA AND OTHERS ...

Advocate for Applicants : Mr.Chawre Anand AGP for Respondent State: Mr.A.M.Phule, Mr.G.O.Wattamwar, Mr. S.N.Morampalle Mr.S.B.Madde, Adv., for respondent no.1.

...

CORAM : P.R. BORA, J.

Dated: July 22, 2016 ...

PER COURT :- 1.

Heard learned Counsel for the applicant and learned Counsel appearing for respondent i.e. original claimants. Learned Counsel submitted that the cheque of amount of compensation as per the award passed is received to the learned Counsel and will be submitted if AGP/-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (2) CA NO.10321/2016gr permission is granted by this Court in the Registry of this Court during one week from the date of this order. Learned Counsel pointed out that previously, this Court had granted ten weeks time for depositing the amount of compensation and subject to such deposit, the execution of the impugned award was stayed. Learned Counsel further submitted that, however, since the acquiring body could not deposit the amount within the given period, the stay so granted was vacated, however, liberty was granted to the acquiring body to revive the request for stay provided the request is accompanied with an assurance to deposit the amount. Learned Counsel submits that, the applications be allowed. Hence, following order.

ORDER

1.

The applications are allowed. The appellant / applicant is permitted to deposit the amount of compensation with the Registry of this Court within one week from the date of this order. In view of the fact that the amount is being deposited as above, the execution of the impugned awards are stayed till final disposal of the present appeals. Civil Applications stand disposed of. ( P.R. BORA, J. ) ...

AGP/-