Maharashtra Krishna Valle Development Cor. Ltd., Thr Ex. Engineer, Irrigation Department Osmanabad v. Gopichand Thavaru Rathod And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 927 CIVIL APPLICATION NO.10704 OF 2023 IN FAST/23552/2020 WITH CA/8749/2020 IN FAST/23552/2020 WITH CA/8756/2020 IN FAST/23552/2020 CA/10707/2023 IN FAST/23562/2020 WITH CA/8745/2020 IN FAST/23562/2020 WITH CA/8746/2020 IN FAST/23562/2020 CA/10705/2023 IN FAST/23567/2020 WITH CA/8747/2020 IN FAST/23567/2020 WITH CA/8748/2020 IN FAST/23567/2020 CA/10706/2023 IN FAST/22729/2020 WITH CA/8742/2020 IN FAST/22729/2020 WITH CA/8743/2020 IN FAST/22729/2020 VALMIK S/O AMBAJI PASAME Advocate for Applicant : Mr.A.B.Kale AGP for Respondent-State : Mr.N.T.Bhagat Advocate for Respondent no1 : Mr.A.S.Shelke 928 CIVIL APPLICATION NO.10713 OF 2023 IN FAST/23439/2020 WITH CA/8720/2020 IN FAST/23439/2020 WITH CA/8721/2020 IN FAST/23439/2020 CA/10708/2023 IN FAST/23462/2020 WITH CA/8722/2020 IN FAST/23462/2020 WITH CA/8723/2020 IN FAST/23462/2020 CA/10711/2023 IN FAST/23446/2020 WITH CA/8726/2020 IN FAST/23446/2020
WITH CA/8727/2020 IN FAST/23446/2020 CA/10712/2023 IN FAST/23452/2020 WITH CA/8718/2020 IN FAST/23452/2020 WITH CA/8719/2020 IN FAST/23452/2020 CA/10710/2023 IN FAST/23466/2020 WITH CA/8724/2020 IN FAST/23466/2020 WITH CA/8725/2020 IN FAST/23466/2020 CA/10714/2023 IN FAST/22826/2020 CA/8716/2020 IN FAST/22826/2020 CA/8717/2020 IN FAST/22826/2020 FULABAI NANU RATHOD Advocate for Applicant : Mr.A.B.Kale AGP for Respondent-State : Mr.K.N.Lokhande Advocate for Respondent no.1 : Mr.A.S.Shelke 929 CIVIL APPLICATION NO.10765 OF 2023 IN FAST/24071/2020 WITH CA/8801/2020 IN FAST/24071/2020 WITH CA/8802/2020 IN FAST/24071/2020 CA/10763/2023 IN FAST/24064/2020 WITH CA/8799/2020 IN FAST/24064/2020 WITH CA/8800/2020 IN FAST/24064/2020 CA/10764/2023 IN FAST/24058/2020 WITH CA/8803/2020 IN FAST/24058/2020 WITH CA/8804/2020 IN FAST/24058/2020 CA/10762/2023 IN FAST/22718/2020 WITH CA/8797/2020 IN FAST/22718/2020 WITH CA/8798/2020 IN FAST/22718/2020
CA/8805/2020 IN FAST/24086/2020 WITH CA/8806/2020 IN FAST/24086/2020 CA/8807/2020 IN FAST/24079/2020 WITH CA/8808/2020 IN FAST/24079/2020 BIRU BALAPPA TELANG (DIED) THR LRS DHONDIRAM BEERU TELANG & ANOTHER Advocate for Applicants : Mr.A.B.Kale AGP for Respondent-State : Mr.K.B.Jadhavar Advocate for Respondent no.1 : Mr.A.S.Shelke CORAM :ARUN R. PEDNEKER, J.
DATE :10.10.2023 P.C. :
A] ORDER IN CIVIL APPLICATIONS FOR WITHDRAWAL OF AMOUNT 1] Heard the learned counsel for the parties. The appeals are filed by the acquiring body. The contention of the appellants in the appeals is that ten years period of interest has been granted and that there is four times increase in the amount granted by the Land Acquisition Officer. The stay is granted subject to deposit of 60% of the compensation amount granted.
2] The present Civil Applications are filed for withdrawal of the amount deposited in this Court. 3] Having heard the learned Advocate for the parties. The applicants are permitted to withdraw 50% of the compensation amount granted by the Reference Court along with accrued interest thereon, subject to usual undertaking to be furnished to the satisfaction of the Registrar [Judicial ] of this Court.
4] The applicants are permitted to withdraw remaining 10% amount of compensation on submitting the solvent surety / security along with accrued interest. In view of the above, all the applications filed for withdrawal of the amount stand disposed of.
B] ORDER IN CIVIL APPLICATIONS FOR DELAY For the reasons stated in the Civil Applications for delay and as there is no objection from other side to condone the delay of 833 and 876 days respectively caused in filing the First Appeals, the delay stand condoned. All the Applications filed for condonation of delay are allowed and disposed of.
C] ORDER IN CIVIL APPLICATION FOR STAY
1] The learned counsel for the applicants - appellants submits that the amount has been deposited in this Court as per the directions of this Court. 2] In view of the same, the stay order passed by this Court, in all these applications, is confirmed. All the applications stand disposed of.
D] ORDER IN FIRST APPEALS 1] First Appeal is admitted.
2] On admission, Mr.A.B.Kale, learned counsel waives notice for respondent no.1 in all First Appeals. The learned AGPs waive notice for the respondent nos.2 and 3 in all First Appeals.
3] Call R. & P.
[ARUN R. PEDNEKER] JUDGE DDC