V.I.D.C., Through Executive Engineer, Project Contruction Division, Amravati v. Samir Raosaheb Toley And Others

2025:BHC-NAG:6320 1 2-CAF-734-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 734 OF 2025 IN FIRST APPEAL ST. NO. 845 OF 2024 VIDHARBHA IRRIGATION DEVELOPMENT CORPORATION, AMRAVATI Vrs.

SAMIR RAOSAHEB TOLEY AND OTHERS -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri U. A. Gosavi, Advocate for applicant/appellant. Shri Paras Rathi, Advocate h/f Shri A. P. Deshmukh, Advocate for respondent No.1.

Ms. T. H. Khan, AGP for respondent Nos.2 and 3. CORAM: SACHIN S. DESHMUKH, J.

DATE : 04/07/2025.

1.

Heard learned counsel for the applicant.

2.

Issue notice to the respondents, returnable after six weeks.

3.

Shri Paras Rathi, Advocate h/f Shri A. P. Deshmukh, learned counsel waives notice for respondent No.1.

4.

Ms. T. H. Khan, learned AGP waives notice for respondent Nos.2 and 3.

CIVIL APPLICATION (CAF) NO. 735 OF 2025 5.

Heard.

6.

Learned counsel for the applicant, on instructions, states that applicant is ready to deposit entire amount awarded by the Reference Court along with interest

2 2-CAF-734-2025.odt accrued thereon, till the date of deposit, within a period of twelve weeks with this Court.

7.

In view of the above statement, there shall be stay to the execution of impugned Judgment dated 16/06/2023 passed by the Presiding Officer, Land Acquisition, Resettlement and Rehabilitation Authority, Nagpur in Case No.1456/AMT/ AMT/2020, subject to deposit of the entire amount within twelve weeks, failing which stay shall stand vacated without further reference to the Court. 8.

The application stands disposed of.

9.

This appeal be tagged with First Appeal St.No.861/2024.

[SACHIN S. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 07/07/2025 16:58:12