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Bombay High CourtCA/2167/2021admittedallowedgrantedrule absolute

Executive Engineer,Irrigation Project Strengthening(Majbutikaran)Div., Omerga Thr Mkvdc Pune And Or v. Siddhaya Bandayya Swami

2025-05-05Hon'Ble Shri Justice Neeraj P. Dhote2 pages

2025:BHC-AUG:13508

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

7 CIVIL APPLICATION NO. 2175 OF 2021 IN FAST/39426/2018 Executive Engineer,irrigation Project Strengthening (Majbutikaran)div., Omerga Thr Mkvdc Pune And Or

Versus

Prakash Balaram Kambale ..........

AND CIVIL APPLICATION NO. 2174 OF 2021 IN FAST/39418/2018 Executive Engineer,irrigation Project Strengthening (Majbutikaran)div., Omerga Thr Mkvdc Pune And Or

Versus

Prakash Bhagwan Hakke .....

AND CIVIL APPLICATION NO. 2167 OF 2021 IN FAST/39434/2018 Executive Engineer,irrigation Project Strengthening (Majbutikaran) Div., Omerga Thr Mkvdc Pune And Or

Versus

Siddhaya Bandayya Swami .....

In all the matters :

Shri. Rahul A. Tambe, Advocate for the Applicants Shri. Sanjay A Wakure, Advocate for the Respondents .....

CORAM : NEERAJ P. DHOTE, J.

Dated : MAY 05, 2025 PER COURT :- .

There is interim order dated 15.02.2023 by which the stay to the effect and operation of the impugned Judgment and Award dated 21.01.2013 was granted, subject to deposit of 75% of the amount of compensation along with interest within a period of twelve (12) weeks.

2.

The lands of the Respondents / Claimants have been acquired by the Acquiring Body for the purpose of 'Kalegaon Storage Tank at Kalegaon and Arali (BK) vide the Award bearing No.1997/LNQ/KK/KV/ CR4.

3.

The learned Advocate for the Applicants / Acquiring Body submits that pursuant to the direction given by this Court by order dated 15.02.2023, the Acquiring Body is ready to deposit 75% of the amount of compensation along with interest as he has received the cheque of the said amount under the Award and he will submit the same within a period of one (1) week.

4.

The learned Advocate for the Respondents / Claimants submits that appropriate orders be passed.

5.

In view of the above submissions, the interim stay granted by order dated 15.02.2023 is confirmed, subject to deposit of 75% of the amount of compensation under the Award along with interest, within a period of one (1) week from today. Applications stand disposed off accordingly.

( NEERAJ P. DHOTE, J. ) GGP Signed by: Gajanan G. Punde Designation: PA To Honourable Judge Date: 07/05/2025 20:03:45