Union Of India Through The General Manager Central Railway v. Sopan S/O Sahebrao Pawar And ORS

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 922 CIVIL APPLICATION NO. 885 OF 2024 IN FIRST APPEAL (ST)/35796/2023 MOHAN KONDIBA KAKDE 922 CIVIL APPLICATION NO. 887 OF 2024 IN FIRST APPEAL (ST)/35929/2023 ROHIDAS S/O KISAN KAKADE 922 CIVIL APPLICATION NO. 889 OF 2024 IN FIRST APPEAL (ST)35934/2023 SHAHURAO S/O DAGADU KAKDE (DIED) THR LRS SHAHADEO AND OTHERS ...

Advocate for the applicant : Mr A.G. Talhar ...

923 CIVIL APPLICATION NO. 891 OF 2024 IN FIRST APPEAL (ST)/35792/2023 GOPAL S/O GOVINDRAO RANSHING CIVIL APPLICATION NO. 894 OF 2024 IN FIRST APPEAL (ST)/35918/2023

(2) UNION OF INDIA THROUGH THE GENERAL MANAGER CENTRAL SMT. SHAILABAI W/O AANDRAO RANSHING CIVIL APPLICATION NO. 896 OF 2024 IN FIRST APPEAL (ST)/35912/2023 UNION OF INDIA THROUGH THE GENERAL MANAGER CENTRAL NANASAHEB S/O GOVINDRAO RANSHING CIVIL APPLICATION NO. 898 OF 2024 IN FIRST APPEAL (ST)/35915/2023 UNION OF INDIA THROUGH THE GENERAL MANAGER CENTRAL RAGHUNATH S/O GOVINDRAO RANSHING 924 CIVIL APPLICATION NO. 901 OF 2024 IN FIRST APPEAL (ST)/35833/2023 UNION OF INDIA THROUGH THE GENERAL MANAGER CENTRAL RAMDAS S/O NANA KAKADE AND OTHERS CIVIL APPLICATION NO. 903 OF 2024 IN FIRST APPEAL (ST)/35921/2023 UNION OF INDIA THROUGH THE GENERAL MANAGER CENTRAL ANKUSH NAVNATH INGOLE AND ANOTHER CIVIL APPLICATION NO. 905 OF 2024 IN FIRST APPEAL (ST)/35924/2023 UNION OF INDIA THROUGH THE GENERAL MANAGER CENTAL

(3) POPAT VISHWANATH ENGOLE AND OTHERS 925 CIVIL APPLICATION NO. 907 OF 2024 IN FIRST APPEAL (ST)/36428/2023 UNION OF INDIA THROUGH THE GENERAL MANAGER CENTRAL SOPAN S/O SAHEBRAO PAWAR AND OTHERS CIVIL APPLICATION NO. 909 OF 2024 IN FIRST APPEAL (ST)/36431/2023 UNION OF INDIA THROUGH THE GENERAL MANAGER CENTRAL JANARDHAN S/O DEVRAO PAWAR 926 CIVIL APPLICATION NO. 911 OF 2024 IN FIRST APPEAL (ST)/36403/2023 UNION OF INDIA THROUGH THE GENERAL MANAGER CENTRAL SUDHIR S/O BHAGWAN PHAD CIVIL APPLICATION NO. 913 OF 2024 IN FIRST APPEAL (ST)/36434/2023 UNION OF INDIA THROUGH THE GENERAL MANAGER CENTRAL BABASAHEB S/O PANDARINATH PHAD AND ANOTHER CIVIL APPLICATION NO. 915 OF 2024 IN FIRST APPEAL (ST)/36437/2023 UNION OF INDIA THROUGH THE GENERAL MANAGER CENTRAL UDHAV S/O RAMBHAU PHAD

(4) 927 CIVIL APPLICATION NO. 923 OF 2024 IN FIRST APPEAL (ST)/36452/2023 UNION OF INDIA THROUGH THE GENERAL MANAGER CENTRAL PADMINIBAI W/O TUKARAM KADAM CIVIL APPLICATION NO. 887 OF 2024 IN FIRST APPEAL (ST)/35929/2023 ROHIDAS S/O KISAN KAKADE CIVIL APPLICATION NO. 889 OF 2024 IN FIRST APPEAL STAMP NO. 35934/2023 SHAHURAO S/O DAGADU KAKADE (DIED)THR LRS. SHAHADEO AND OTHERS CIVIL APPLICATION NO. 929 OF 2024 IN FIRST APPEAL (ST)/35769/2023 KUNDLIK PANDURANG WAGHULE

(5) CIVIL APPLICATION NO. 931 OF 2024 IN FIRST APPEAL (ST)/35776/2023 MAHADEO KISAN JADHAV CIVIL APPLICATION NO. 933 OF 2024 IN FIRST APPEAL ST/35772/2023 NARAYAN KISAN JADHAV DIED THR LRS PARMESHWAR AND OTHERS CIVIL APPLICATION NO. 935 OF 2024 IN FIRST APPEAL (ST)/35379/2023 GANPAT MANSIRAM JADHAV CIVIL APPLICATION NO. 937 OF 2024 IN FIRST APPEAL (ST)35746/2023 YADAV TULSIRAM SHELAR (DIED) THR LRS. CHANDRABHAGABAI AND OTHERS CIVIL APPLICATION NO. 939 OF 2024 IN FIRST APPEAL (ST)/35751/2023 KAMALBAI PARASRAM WAGHMARE

(6) CIVIL APPLICATION NO. 941 OF 2024 IN FIRST APPEAL (ST)/35757/2023 VITTHAL KISHAN JADHAV (DIED) THR LRS KAUSHALYA AND OTHES CIVIL APPLICATION NO. 943 OF 2024 IN FIRST APPEAL (ST)/35762/2023 KUSUMBAI ANANT GAVHALE CIVIL APPLICATION NO. 947 OF 2024 IN FIRST APPEAL (ST)/35754/2023 RAMDAS PARBHATI JADHAV AND ANOTHER CIVIL APPLICATION NO. 945 OF 2024 IN FIRST APPEAL (ST)/35766/2023 SANJANABAI BABASAHEB KANASE CORAM : S.G. MEHARE, J.

DATED : FEBRUARY 27, 2024

(7) PER COURT:- 1.

Heard the learned counsel for the applicants/appellants. 2.

The learned counsel for the appellant submits that appellant has a good case on merit. The compensation awarded to the appellant is exorbitant and without considering the factors enumerated in the law. However, to show bonafide the appellant is ready to deposit the compensation amount.

3.

In view of the fact there shall be ad-interim stay to the impugned judgments and awards on the condition to deposit 100% amount of the compensation within 12 weeks from today. 4.

It is clarified that there shall be no extension. 5.

If the amount is not deposited within 12 weeks from today the interim stay to the impugned judgments and awards should be vacated automatically without reference to the Court. (S.G. MEHARE, J.) ysk/