Bombay High Court
The Ex. Engineer Krishna Valley Dev. Co. ... vs Manmath Sadashiv Ghadage Thr Poa Holer ... on 15 January, 2021
Author: V.L.Achliya
Bench: V.L.Achliya
1 [907 - C.A. 809...2021 in F.A.St. 23510.2020]
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
907 CIVIL APPLICATION NO.809 OF 2021
IN
FAST/23510/2020
THE EX. ENGINEER KRISHNA VALLEY DEV. CO.
OMERGA DIV. AND ORS
VERSUS
MANMATH SADASHIV GHADAGE THR POA
HOLER SHAMGIR SHANKARGIR BAWA
WITH
CIVIL APPLICATION NO.811 OF 2021
IN
FAST/23130/2020
THE EX. ENGINEER K.K.V.D.C.OMERGA DIV.
AND ORS
VERSUS
HANUMANT SAMBHAJI BIRAJDAR
(DIED)THR.L.RS. BABRUWAN AND ORS.
......
Mr. R.A.Tambe, Advocate for Applicants.
......
CORAM : V.L.ACHLIYA, J.
DATE : 15/01/2021
......
ORAL ORDER :
1. The applicants have taken out these applications seeking stay to the execution of Award passed by the Reference Court.
2. It is the contention of learned counsel for applicants that the compensation enhanced by the Reference Court not sustainable in law. It is submitted that without bringing any supporting evidence to enhance the compensation. The ::: Uploaded on - 18/01/2021 ::: Downloaded on - 07/02/2021 22:40:22 ::: 2 [907 - C.A. 809...2021 in F.A.St. 23510.2020] compensation assessed by the Special Land Acquisition Officer @ Rs. 290/- per R. and Rs. 340/- per R. has been enhanced to Rs. 2,128/- per R. by the Reference Court. In that view, there is an enhancement of compensation to the tune of more than eight times the compensation assessed by the Special Land Acquisition Officer. So also, the interest has been awarded from the date of notification which is contrary to the Full Bench decision of this Court in the case of State of Maharashtra V/s Kailash Shiva Rangari 2016 (3) AIR Bom.R. - 742. It is submitted that if the execution of Award is not stayed, there is every likelihood that the purpose of filing of Appeal may be frustrated.
3. Considering the submissions advanced and the challenge raised in Appeal, the following order is passed.
ORDER [i] Issue notice to respondents, returnable within four weeks.
[ii] Pending hearing and disposal of application, there shall be stay to the execution of impugned Award passed by the Reference Court subject to deposit of amount to the extent of 50% of Award passed by the Reference Court.
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4. S.O. 22/02/2021.
[V.L.ACHLIYA] JUDGE KNP ::: Uploaded on - 18/01/2021 ::: Downloaded on - 07/02/2021 22:40:22 :::