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Bombay High CourtCA/10694/2022admittedallowedgrantedrule absolute

Ex. Engineer, Irri.Pro. Majbutikaran Div. Omerga Under M.K.K.V.D.C. Pune And ORS v. Mahadeo Rama Barle

2024-06-13Hon'Ble Shri Justice Kishore C. Sant2 pages

FA 564/23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 916 FIRST APPEAL NO. 564 OF 2023 WITH FIRST APPEAL NO. 565 OF 2023 WITH CIVIL APPLICATION NO. 10694 OF 2022 IN FA/565/2023 WITH CIVIL APPLICATION NO. 10705 OF 2022 IN FA/564/2023 ...

Ex. Engineer, Irri. Pro. Majbutikaran Div. Omerga Under M.k.k.v.d.c. Pune And Ors

VERSUS

Gangadhar Ram Jalkote ...

Advocate for Appellant : Mr. Prashant R. Nangare Advocate for Respondent : Mrs. Mrunal Andhare h/f. Mr. A.B. Kale ...

CORAM

: KISHORE C. SANT, J.

Dated : June 13, 2024 PER COURT :- 1.

In applications for stay, heard the learned advocates for the appellant and claimants.

2.

The learned advocate for the appellant submits that the learned SLAO has awarded compensation for the acquired land at the rate of 460/- per R. whereas the learned Reference Court has awarded compensation amount at the rate of Rs.4000/- per R. Enhancement is exorbitant. He produced on record, copy of the order dated 4.10.2022 passed in Civil Application No. 10707/2022 in First Appeal St. No. 21072/2020. He submits that by way of this order, the Court has

FA 564/23 granted stay to the impugned judgment and award, subject to deposit of 50% award amount within twelve weeks. 3.

Since the matters are the same, this Court is inclined to allow the applications. Hence, the applications stand allowed. There shall be stay to the impugned judgment and award passed by the Reference Court, subject to deposit of 50% of the amount of award within twelve weeks from today in this Court. The applications for stay stand disposed of.

4.

Appeals to be taken up for admission on 9.7.2024 along with First Appeal St. No. 21072/2020 and other connected matters. 5.

Call R. & P.

( KISHORE C. SANT, J. ) ssc/