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Bombay High CourtCA/3017/2024admittedallowedgrantedrule absolute

The Executive Engineer, Minor Irrigation Division. Osmanabad v. Anant Mohanrao Suryawanshi And ORS

2024-03-19Hon'Ble Shri Justice Shailesh P. Brahme2 pages

33ca3017.24

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 33 CIVIL APPLICATION NO. 3017 OF 2024 IN FAST/7879/2024 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION. OSMANABAD

VERSUS

ANANT MOHANRAO SURYAWANSHI AND ORS ...

Advocate for Applicant : Mr. Kulkarni Mukul S. AGP for Respondents: Mr.A.S.Shinde ...

CORAM : S. G. MEHARE, J.

DATE : 19th MARCH, 2024.

PER COURT :

1.

Learned Counsel for the appellant submits that the learned reference Court has determined exorbitant market value of the acquired land without considering/following the factors provided in the Land Acquisition Act. The appellant has a good case on merit. Hence, the impugned judgment and award may be stayed.

2.

Perused the grounds of appeal. The appellant appears to have a good case for interim protection. In view of

33ca3017.24 that following order :

ORDER

a) There shall be an interim stay to the impugned judgment and award on condition of depositing of the entire compensation amount with interest as per the judgment and award, within eight weeks from today.

b) If the amount is not deposited within the time, the stay granted would be vacated automatically.

c) There shall be no extension of further time to deposit money.

d) Call for the record and proceedings.

( S. G. MEHARE ) JUDGE mahajansb/