The Executive Engineer, Osmanabad Medium Irrigation Division, Osmanabad Thr M.K.V.D.C. Pune And ORS v. Bakshu Manik Masuldar

{1} 945 sr.no. ca 2497.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 945 CIVIL APPLICATION NO. CA/2497/2017 IN FAST/24437/2016 WITH CA/2499/2017 IN FAST/25167/2016 WITH CA/2501/2017 IN FAST/25177/2016 THE EXECUTIVE ENGINEER, OSMANABAD MEDIUM IRRIGATION DIVISION, OSMANABAD THR M.K.V

VERSUS

EKNATH MADHAV MORE ...

Advocate for Applicant : Mr. Arvind N. Gaddime CORAM : K.K. SONAWANE, J.

DATE : 17th November, 2017.

PER COURT:

Heard learned counsel for the applicant. Perused the application. He submit that the Reference Court has committed error by granting exorbitant compensation amount in respect of trees, structures standing on the land under acquisition. He, therefore, prayed that the execution and implementation of the award be stayed till decision of the appeal on merit. He is ready to deposit 60% of the decretal amount awarded by the Reference Court.

In view of the aforesaid submissions on behalf of the learned counsel for the acquiring body, at this juncture, I find it justifiable to grant stay to the execution and implementation of the impugned judgment and award passed by the Reference Court subject to condition that the applicant Acquiring Body shall deposit 60% of the compensation awarded by the Reference Court, within a period of 12 weeks, failure to which stay granted by this Court shall stand vacated without further reference to the court. Civil applications stand disposed of accordingly. [K.K. SONAWANE] JUDGE.

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