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Bombay High CourtCA/11494/2023admittedallowedgrantedrule absolute

The Executive Engineer And Another v. Vikram Dagadu Khedekar

2024-04-26Hon'Ble Shri Justice S. G. Mehare1 pages

2024:BHC-AUG:9366 8-CA-11494-23-s.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11494 OF 2023 IN FAST/27708/2023 THE EXECUTIVE ENGINEER MINOR IRRIGATION DIV. JALNA

VERSUS

VIKRAM DAGDU KHEDKAR ...

Advocate for Applicant : Mr. Hemant U. Dhage Advocate for Respondent : Mr. Durgesh M. Pingale AGP for State : Smt. A. S. Mantri ...

CORAM : S. G. MEHARE, J.

DATE : 26-04-2024 PER COURT :- 1.

The learned counsel for the appellant argued that the compensation has been granted exorbitantly without considering the factors for determining the price of the land. The issue has not been correctly appreciated. The claimant is allowed to withdraw meager portion of the amount of the award. Hence, stay may be granted.

2.

Learned counsel for the respondent/claimant opposed the application.

3.

Considering the grounds raised in the appeal memo and the issue involved in the case, the application deserves to be allowed. Hence, the order;

ORDER

i) The application is allowed.

ii) The order granting interim stay dated 12.09.2023 stands confirmed till the conclusion of the appeal.

( S. G. MEHARE ) JUDGE rrd