The State Of Maharashtra And Another v. Sardarkhan Makbulkhan Pathan

ca.12962.13 & ors.doc - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12962 OF 2013 IN FAST/24879/2013 THE STATE OF MAHARASHTRA AND ANOTHER

VERSUS

SARDARKHAN MAKBULKHAN PATHAN ...

AGP for Applicants : Mr.S.B.Yawalkar.

Advocate for Non-applicant : Mr.C.K.Shinde.

WITH CA/12964/2013 IN FAST/24957/2013 WITH CA/12966/2013 IN FAST/24960/2013 .....

CORAM : A.M. BADAR, J.

DATE : 24.11.2015 ORDER :

1] This is an application for stay of the impugned judgment and award of the learned reference Court in L.A.R. Nos.253/2013, 251/2010 & 252/2010 respectively, thereby enhancing the compensation awarded by the Land Acquisition Officer.

2] Heard, the learned AGP and Shri Shinde, learned counsels appearing for the applicants non-applicants. The Learned AGP submits that exorbitant compensation is

ca.12962.13 & ors.doc - 2 - awarded without there being justifiable evidence. 3] Shri Shinde, the learned counsel for nonapplicants submits that, the award is money decree and can not be stayed.

4] Upon hearing rival submissions and on perusal of impugned judgment and award of learned reference Court, the applications are allowed on condition that the respective applicants should deposit the entire amount under the award in this Court within a period of three months from the date of this order. Civil applications are disposed of.

[A.M. BADAR] JUDGE.

Tandale/-sr.no.907