The Ex. Engineer, Minor Irrigation Division, Jalgaon And ANR v. Himmat Devchand Shinde And ORS

902 CA 13259 19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 902 CIVIL APPLICATION NO. 13259/2019 IN FAST/34931 THE EX. ENGINEER, MINOR IRRIGATION DIVISION, JALGAON AND ANR

VERSUS

HIMMAT DEVCHAND SHINDE AND ORS ...

Advocate for Applicants : Mr. Chillarge Subhash S. AGP for Respondents : Mr. S.P. Deshmukh.

CORAM : MANGESH S. PATIL, JJ.

DATE : 13/11/2019 PER COURT :

Heard the learned advocate for the applicant/appellant which is an acquiring body and perused the impugned judgment and award. 2.

Since the impugned order directs interest to be paid under Section 28 of the Land Acquisition Act from the date of the notification under Section 4 of the Land Acquisition Act, there shall be ad-interim relief in the form of stay to the execution and operation of direction No. 6 in the operative part.

3.

The learned advocate for the applicant further submits that it is ready to deposit the entire decreetal amount together with interest except the one directed to be paid under Section 28 of the Land Acquisition Act from the date of the notification and further 1/2

902 CA 13259 19.odt undertakes to deposit such interest under Section 28 of the Land Acquisition Act from the date of the Award within eight weeks. Subject to such undertaking there shall be stay to the execution and operation of the impugned judgment and Award.

4.

The Civil Application is disposed of.

( MANGESH S. PATIL, J. ) mkd 2/2