V.I.D.C. Thr. Executive Engineer, Purna Medium Project, Achalpur And Another v. Shreekrishna Ajabrao Mayande And Others

(1) 19.fa.563.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR FIRST APPEAL NO.563 OF 2022 Vidarbha Irrigation Development Corporation, through its Executive Engineer, Purna Medium Project, Achalpur and another Vs.

Shreekrishna Ajabrao Mayande and others ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Ms. Mallika Babhulkar, Advocate h/f Mr. M. A. Kadu, Advocate for applicant. Mr. R.J. Shinde, Advocate for non-applicant No.1. Ms. T. Udeshi, AGP for non-applicant Nos.2 and 3. CORAM :

URMILA JOSHI-PHALKE, J.

DATED : 06/01/2023 Civil Application ( CAF ) No.

1399/2022 1.

By this application, the applicant is seeking stay to the effect, operation and execution of the impugned judgment and award dated 12.3.2022 passed by the Civil Judge, Senior Division, Achalpur in Land Acquisition Case No.33 of 2015, during the pendency of this appeal.

2.

As per the contention of the applicant, the applicant has every chance of success in the present appeal. The learned reference Court awarded the compensation which is exorbitant one. The operation, effect and execution of the impugned judgment is to be stayed on condition that applicant shall deposit entire decreetal compensation amount along with accrued interest and statutory benefits within six weeks. On

(2) 19.fa.563.2022 failure to deposit the decreetal compensation amount, the stay order will be automatically vacated without further reference to the Court.

3.

Civil Application No.1399 of 2022 is disposed of.

4.

The appeal is listed after six weeks.

(URMILA JOSHI-PHALKE, J.) Sarkate SARKATE 14:06