The Executive Engineer Latur Minor Irrgiation Division v. Laxman Madhavrao Herkar And Ohters

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 43 CIVIL APPLICATION NO.9507 OF 2023 IN FA/3294/2023 WITH CA/9511/2023 IN FA/3291/2023 WITH CA/9509/2023 IN FA/3290/2023 WITH CA/9513/2023 IN FA/3293/2023 WITH CA/9515/2023 IN FA/3292/2023 THE EXECUTIVE ENGINEER, LATUR MINOR IRRIGATION DIVISION

VERSUS

RAM TIMMA PAWAR DIED THROUGH L RS BHIMABAI RAM PAWAR AND OTHERS ...

Advocate for Applicant : Mr. Virdhe Bhushan V. AGP for Respondents-State : Mr. K. N. Lokhande Advocate for Respondents No.1 to 3 : Mr. P. R. Katneshwarkar h/f Mr. S. N. Patil ...

CORAM :

ARUN R. PEDNEKER, J.

DATE :

04/09/2023 PER COURT :

1.

Heard the learned Advocate representing all the respective parties.

2.

The First Appeals are filed along with an applications for Stay. The learned Advocate for the applicant submit that Stay be granted on a condition that 60 % amount to be deposited in this Court. Per contra, the learned Advocate appearing for respondents submits that there is no enhancement per se and all the evidence of respondents were discarded by the reference Court and that he has preferred independent appeal against the reference court order. The

CA 9507-2023 only thing which the reference Court has held is that the lands acquired are Bagayat lands and the value was granted was of Jirayat lands by the Land Acquisition officer. The reference Court held that all the lands are Bagayat land and accordingly valued the property as Bagayat land and only minor enhancement is made on account of other sale instances.

4.

The learned Advocate for the respondents submit that there is a very small enhancement of Rs.2200/- per Acre apart from the classification of lands from Jirayat to Bagayat land. 5.

In view of the same, 'Stay' is granted subject to deposit of entire amount as directed by the Reference Court along with interest in this Court within a period of 12 weeks from today. 6.

With above observations, all civil Applications filed for 'Stay', are disposed of.

( ARUN R. PEDNEKER, J. ) vj gawade/-.