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Bombay High CourtCA/77/2024admittedallowedgrantedrule absolute

The Executive Engineer Osmanabad Medium Project Division v. Rajendra Dada Patule And Others

2024-02-20Hon'Ble Shri Justice Kishore C. Sant2 pages

42.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 71 OF 2024 IN FAST/36865/2023 WITH CIVIL APPLICATION NO. 75 OF 2024 IN FAST/36875/2023 WITH CIVIL APPLICATION NO. 82 OF 2024 IN FAST/36878/2023 WITH CIVIL APPLICATION NO. 74 OF 2024 IN FAST/36875/2023 WITH CIVIL APPLICATION NO. 86 OF 2024 IN FAST/36885/2023 WITH CIVIL APPLICATION NO. 80 OF 2024 IN FAST/36870/2023 WITH CIVIL APPLICATION NO. 72 OF 2024 IN FAST/36865/2023 WITH CIVIL APPLICATION NO. 81 OF 2024 IN FAST/36870/2023 WITH CIVIL APPLICATION NO. 83 OF 2024 IN FAST/36878/2023 WITH CIVIL APPLICATION NO. 77 OF 2024 IN FAST/36881/2023 WITH CIVIL APPLICATION NO. 78 OF 2024 IN FAST/36881/2023 WITH CIVIL APPLICATION NO. 85 OF 2024 IN FAST/36885/2023 The Executive Engineer Osmanabad Medium Project Division

VERSUS

Sharad Alias Sharam Baban Patule And Others ...

Advocate for Applicant : Mr. Jethliya Dhiraj R. (Through V.C.) AGP for Respondent/State : Mrs. M.L. Sangit ...

42.odt (2) CORAM : S.G. MEHARE, J.

DATED : FEBRUARY 20, 2024 PER COURT:- 1.

Issue notice to the respondents, returnable on 30.04.2024. Learned AGP waives service of notice for the respondents/State.

2.

Learned counsel for the applicant states that the appellant has good case on merit. There are various grounds to consider in the first appeal. The factors for determining the price of the acquired land have not been correctly considered. Hence, the impugned judgment and award may be stayed.

3.

Considering the grounds in the appeal memo, there shall be an interim stay to the execution and implementation of the impugned judgment and award, on the condition to deposit the entire compensation amount with this Court within twelve (12) weeks from today.

4.

If the compensation amount is not deposited within twelve (12) weeks from today, the stay would be vacated automatically.

5.

It is made clear that there shall be no further extension of time to deposit the compensation amount.

(S.G. MEHARE, J.) Mujaheed//