Bombay High Court
M.K.V.D.C. Ltd., Thr Ex. Engineer, ... vs Balaji Ambaji Pasame And Ors on 19 January, 2021
Author: V.L.Achliya
Bench: V.L.Achliya
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
912 CIVIL APPLICATION NO.8717 OF 2020
IN FIRST APPEAL [STAMP] NO.22826 OF 2020
WITH
CIVIL APPLICATION NO.8719 OF 2020
IN FIRST APPEAL [STAMP] NO.23452/2020
WITH
CIVIL APPLICATION NO.8721 OF 2020
IN FIRST APPEAL [STAMP] NO.23439 OF 2020
WITH
CIVIL APPLICATION NO.8723 OF 2020
IN FIRST APPEAL [STAMP] NO.23462 OF 2020
WITH
CIVIL APPLICATION NO.8725 OF 2020
IN FIRST APPEAL [STAMP] NO.23466 OF 2020
WITH
CIVIL APPLICATION NO.8727 OF 2020
IN FIRST APPEAL [STAMP] NO.23446 OF 2020
...
MAHARASHTRA KRISHNA VALLY DEVELOPMENT
CORPORATION LIMITED
VERSUS
WAMAN S/O NARAYAN JADHAV & OTHERS
...
WITH
913 CIVIL APPLICATION NO.8743 OF 2020
IN FIRST APPEAL [STAMP] NO.22729 OF 2020
WITH
CIVIL APPLICATION NO.8746 OF 2020
IN FIRST APPEAL [STAMP] NO.23562 OF 2020
WITH
CIVIL APPLICATION NO.8748 OF 2020
IN FIRST APPEAL [STAMP] NO.23567 OF 2020
WITH
CIVIL APPLICATION NO.8756 OF 2020
IN FIRST APPEAL [STAMP] NO.23552 OF 2020
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...
MAHARASHTRA KRISHNA VALLE DEVELOPMENT
CORPORATION LIMITED.
VERSUS
GOPICHAND THAVARU RATHOD & OTHERS
...
WITH
914 CIVIL APPLICATION NO.8784 OF 2020
IN FIRST APPEAL [STAMP] NO.22818 OF 2020
WITH
CIVIL APPLICATION NO.8786 OF 2020
IN FIRST APPEAL [STAMP] NO.23407 OF 2020
WITH
CIVIL APPLICATION NO.8788 OF 2020
IN FIRST APPEAL [STAMP] NO.23419 OF 2020
WITH
CIVIL APPLICATION NO.8790 OF 2020
IN FIRST APPEAL [STAMP] NO.23413 OF 2020
WITH
CIVIL APPLICATION NO.8793 OF 2020
IN FIRST APPEAL [STAMP] NO.23426 OF 2020
WITH
CIVIL APPLICATION NO.8795 OF 2020
IN FIRST APPEAL [STAMP] NO.23432 OF 2020
...
MAHARASHTRA KRISHNA VALLY DEVELOPMENT
CORPORATION LIMITED
VERSUS
BABU S/O KISANRAO NAIK & OTHERS
...
WITH
915 CIVIL APPLICATION NO.8798 OF 2020
IN FIRST APPEAL [STAMP] NO.22718 OF 2020
WITH
CIVIL APPLICATION NO.8800 OF 2020
IN FIRST APPEAL [STAMP] NO.24064 OF 2020
WITH
CIVIL APPLICATION NO.8802 OF 2020
IN FIRST APPEAL [STAMP] NO.24071 OF 2020
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WITH
CIVIL APPLICATION NO.8804 OF 2020
IN FIRST APPEAL [STAMP] NO.24058 OF 2020
WITH
CIVIL APPLICATION NO.8806 OF 2020
IN FIRST APPEAL [STAMP] NO.24086 OF 2020
WITH
CIVIL APPLICATION NO.8808 OF 2020
IN FIRST APPEAL [STAMP] NO.24079 OF 2020
...
MAHARASHTRA KRISHNA VALLY DEVELOPMENT
CORPORATION LIMITED
VERSUS
DNYANESHWAR TATYARAO PAWAR & OTHERS
...
Mr.A.S.Shelke, Advocate for the applicants in
all applications.
Mr.S.N.Morampalle, AGP for the respondent
nos.2 and 3 - State in all applications.
...
CORAM : V.L.ACHLIYA,J.
DATE : 19.01.2021
P.C.
1] The applicants-appellants have moved
these applications seeking stay to the
execution of the award.
2] In brief, it is the contention of
the learned counsel for the applicants that
award passed by the Reference Court is
perverse. The compensation determined @
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Rs.2365/- per aar for jirayat land and
Rs.4730/- per aar for bagayat land has been
enhanced in the range of Rs.35,000/- per
hector to Rs.52,500/- per hector by the
Reference Court without legally sustainable
evidence adduced in the case on the part of
the respondents - claimants. It is submitted
that sale instance relied for the purpose of
enhancement cannot be treated as comparable
sale instance for enhancement of the
compensation. The land in question has been
acquired for Turori medium project. The sale
instance relied by the Reference Court is in
respect of the land acquired for commercial
use with no similarity with the land
acquired. It is submitted that enhancement
made by the Reference Court is about 8 to 9
times compensation assessed by the Special
Land Acquisition Officer. So also the
interest awarded under Section 28 of the Land
Acquisition Act is contrary to the Full Bench
decision in the case State of Maharashtra Vs.
Kailash Shiva Rangari reported in 2016 [3]
Mh.L.J. 457. The interest has been awarded
from the date of possession. The possession
has been made by the private negotiator in
the year 1999. The award has been passed in
the year 2009. In that view, the interest
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awarded for the period about 10 years under
Section 28 is contrary to the decision of the
full bench of this Court. In this background,
learned counsel submits that the applicants -
appellants have good to succeed in appeals.
In case, the execution of the award is not
stayed, there is every likelihood that the
purpose of filing of appeals would be
frustrated.
3] On due consideration of the
submissions advanced and challenge raised in
the appeals, I am of the view that, pending
hearing of the applications seeking
condonation of delay, the interim order needs
to be passed. Hence the following order :
ORDER
i] Issue notice to the respondents, returnable on 26.03.2021.
ii] Learned AGP waives notice for respondent nos.2 and 3 - State.
iii] Till further orders, there shall be stay in terms of prayer clause-B subject to deposit of amount to the extent of 60% of the ::: Uploaded on - 20/01/2021 ::: Downloaded on - 08/02/2021 07:26:41 ::: 8717.20CA+.odt 6 award passed by the Reference Court in respective appeals within 12 [twelve] weeks from the date of passing of this order.
iv] Failure to deposit the amount within aforesaid period, the interim relief granted stands vacated unless time is extended to deposit the amount before due date.
v] Stand over to 26.03.2021.
[V.L.ACHLIYA] JUDGE DDC ::: Uploaded on - 20/01/2021 ::: Downloaded on - 08/02/2021 07:26:41 :::