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Bombay High Court

The Ex. Engineer, Seena Kolegaon ... vs Dattatraya Subhanrao Kasab And Ors on 21 December, 2021

Author: R. G. Avachat

Bench: R. G. Avachat

                                                     915, 916-CA-13825-2021.odt




             IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                        BENCH AT AURANGABAD

                    CIVIL APPLICATION NO.13825 OF 2021
                  WITH CA/13826/2021 IN FAST/10894/2021

    THE EX. ENGINEER, SEENA KOLEGAON PROJECT AT DONJA
                          VERSUS
  ASHRU PANDHARINATH GHOGARE (DIED) THR LRS SUNITA AND
                            ORS
                            AND
    CA/13827/2021 WITH CA/13828/2021 IN FAST/11124/2021
                            AND
    CA/13829/2021 WITH CA/13830/2021 IN FAST/11118/2021
                            AND
    CA/13831/2021 WITH CA/13832/2021 IN FAST/11128/2021

                                  AND
                CIVIL APPLICATION NO.13835 OF 2021
             WITH CA/13836/2021 IN FAST/10900/2021
                                  AND
    CA/13837/2021 WITH CA/13838/2021 IN FAST/11081/2021
                                  AND
    CA/13839/2021 WITH CA/13840/2021 IN FAST/11060/2021
                                  AND
    CA/13841/2021 WITH CA/13842/2021 IN FAST/11046/2021
                                  AND
    CA/13843/2021 WITH CA/13844/2021 IN FAST/11086/2021
                                  AND
    CA/13845/2021 WITH CA/13846/2021 IN FAST/11040/2021
                                  AND
    CA/13847/2021 WITH CA/13848/2021 IN FAST/11074/2021
                                  AND
    CA/13850/2021 WITH CA/13851/2021 IN FAST/11054/2021
                                  AND
    CA/13852/2021 WITH CA/13853/2021 IN FAST/11069/2021
                                   ....
 Mr. S. G. Bhalerao, Advocate for applicant
 Ms D. S. Jape, AGP for the State
                                   ....

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                                  CORAM : R. G. AVACHAT, J.

DATED : 21st DECEMBER, 2021 PER COURT :-

. Heard.

2. Issue notice to the respondents, returnable on 22nd March, 2022.

3. Learned AGP waives service of notice on behalf of the State.

4. The interest has been awarded from the date of possession and not from the date of award. The time gap between the two is of not less than five years. The compensation for the land with trees has been awarded separately. Moreover, comparable sale- deed considered for grant of enhancement is not from the very village. In view of the same, on depositing 60% of the amount under the impugned award within a period of twelve (12) weeks from today, execution thereof to stand stayed till next date.

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