Regional Officer, Maharashtra Industrial Development Corporation v. Sadananad Kamal Patil And ORS.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TRUSHA TUSHAR MOHITE CIVIL APPELLATE JURISDICTION TRUSHA TUSHAR MOHITE Date: 2025.08.04 10:16:33 +0530 INTERIM APPLICATION NO. 6864 OF 2025 IN FIRST APPEAL NO. 9203 OF 2025 Regional Officer, Maharashtra Industrial Development Corporation.
.. Applicant.
Versus
Shri. Sadanand Kamal Patil & Ors.
.. Respondents Adv. Hasmita Patel, i/b. Navdeep Vora & Associates for the Applicant. Adv. Sachin S. Punde a/w. Adv. Suraj B. Jadhav for Respondent Nos. 1 to 11.
CORAM:
B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ.
DATE:
P. C.
1.
The above Interim Application is filed seeking a stay to the operation, implementation and execution of the Judgement and Award dated 27th September, 2023 passed by the Learned Joint Civil Judge, Senior Division Alibag, in Land Acquisition Reference No. 21 of 2014. By the impugned Judgement and Award, the Reference Court enhanced the compensation payable to Respondent Nos. 1 to 11 for acquisition of their lands under the provisions of the Maharashtra Industrial Development Act,
1961. The impugned Judgement and Award directs that an amount of Rs. 2,32,12,850/- be paid to Respondent Nos. 1 to 11. The order further says that on the aforesaid amount, for the first year, MIDC (the Appellant) would have to pay interest at the rate of 9%p.a. from the date of possession [i.e. 2nd December, 2013] and thereafter at the rate of 15% p.a. till realisation. 2.
The learned Advocate appearing on behalf of the AppellantMIDC, on instructions, stated that Appellant is willing to deposit the entire decretal amount as ordered by the Reference Court vide its Judgement and Award dated 27th September, 2023. It is further stated that this amount will be deposited in this Court within a period of 4 weeks from today. Accepting the aforesaid statement, we direct that MIDC shall deposit in this Court, the sum of Rs. 2,32,12,850/- together with interest at 9% p.a. for the first year from the date of taking possession of the acquired lands, and thereafter, at the rate of 15% p.a. till the date of deposit. 3.
Subject to this deposit being made, the operation, implementation and execution of the impugned Judgement and Award dated 27th September, 2023 shall remain stayed pending the hearing and final disposal of the Appeal.
4.
It is needless to clarify that if the deposit is not made within the stipulated period, the above Interim Application shall stand dismissed without further reference to the Court and the interim relief granted today shall automatically stand vacated. Consequently, Respondent Nos. 1 to 11 shall then be free to execute the Judgement and Award. 5.
Respondent Nos. 1 to 11 are at liberty to file an Application seeking withdrawal of the aforesaid amount, if deposited, by MIDC. If such an Application is filed, the same shall be decided on its own merits in accordance with law.
6.
The above Interim Application is disposed of in the aforesaid terms. However, there shall be no order as to costs. 7.
This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax [FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.]