Banubee Sk Kadar And ORS v. The State Of Maharashtra Through The Collector

2025:BHC-AUG:35226-DB 11608.2025CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

946 CIVIL APPLICATION NO. 11608 OF 2025 IN FA/2277/2024 BANUBEE SK KADAR AND ORS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR ...

Advocate for Applicant : Mr. A.S. Bajaj h/f Mr. Bajaj H.A. AGP for Respondent/State : Mr. A.R. Kale Advocate for Respondent no.2 : Mr. Nitin Gangal h/f Mr. Shambhuraje V. Deshmukh, Spl. Counsel ...

CORAM : NITIN B. SURYAWANSHI AND VAISHALI PATIL-JADHAV, JJ.

DATED : 5th DECEMBER, 2025.

ORDER :

.

This is an application for vacating stay granted vide order dated 12.09.2025 passed in Civil Application No.9142/2024. By the said order, conditional stay was granted to the respondent - acquiring body directing them to deposit the compensation amount to be calculated at the rate of Rs.1,64,230/ per R with cost of litigation, court fees and statutory benefits.

2.

Pursuant to the said order, the respondents have deposited an amount of Rs.20,20,99,040/-. By the present application, the applicants have pointed out that in fact the compensation amount due and payable to the applicants comes to Rs.62,10,02,387/-. There was dispute in respect of calculations of the compensation amount. We asked S.L.A.O. to calculate the amount as per the award. Accordingly, he has given calculation and according to him, the applicants are entitled for compensation of Rs.58,98,32,098/- plus the court fees and

11608.2025CA.odt costs of Rs.27,37,269/- is required to be deposited by the respondents in terms of the conditional order. Calculations tendered by learned A.G.P. is taken on record and marked "X" for identification purposes. 3.

Additional Administrator of CIDCO is present. Learned Advocate for CIDCO submits that since they have to deposit almost an amount of Rs.40 Crores, 30 weeks' time may be granted to deposit the said amount.

4.

Learned Advocate Mr. Bajaj opposes the said request. 5.

Considering the fact that huge amount is to be deposited, we permit to the respondent - acquiring body deposit the remaining amount as per calculations within 30 weeks from today. On deposit of the said amount, conditional stay shall continue to operate until further orders.

6.

With these directions, the application is disposed of. (VAISHALI PATIL-JADHAV,J.) ( NITIN B. SURYAWANSHI,J.) sga