The Executive Engineer,Seena Kolegaon Medium Project, Paranda, Osmanabad v. Ramdas Babu Kolekar And ORS

CA 14821/23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 916 CA/14821/2023 IN FAST/26679/2023 WITH CA/14822/2023 IN FAST/ 26679/2023 THE EXECUTIVE ENGINEER,SEENA KOLEGAON MEDIUM PROJECT, PARANDA, OSMANABAD VS RAMDAS BABU KOLEKAR AND ORS ...

Advocate for Applicant : Mr. M.S. Kulkarni Advocate for Respondents/claimants : Mr. A.S. More ...

CORAM : ARUN R. PEDNEKER, J.

DATED : 13/12/2023 PER COURT :

1.

Heard the learned counsel for the parties.

2.

Civil Application No. 14821/2023 is filed by the Acquiring Body for condonation of delay of 162 days caused in filing appeal. For the reasons stated in the application, particularly the administrative reasons, the delay of 162 days caused in filing the appeal is condoned. Civil Application is allowed and disposed of.

3.

In stay application and first appeal, issue notice to the respondents, returnable on 13.3.2024. Mr. A.S. More, learned counsel waives service of notice for original claimants.

4.

The learned counsel for the appellants has produced the order dated 10.08.2023 passed by this Court in Civil Application No. 9936/2023 in First Appeal St. No. 22807/2023 along with other connected matters, where this Court has granted stay, subject to deposit of 75% of the total compensation amount along with the proportionate interest within a period of twelve weeks.

5.

In view of the same, there shall be ad-interim stay to the impugned

CA 14821/23 judgment and award of the Reference Court, subject to deposit of 75% of the total compensation amount along with the proportionate interest accrued thereon till date within a period of twelve weeks. [ARUN R. PEDNEKER J.] ssc/