Ex. Engineer, Nimna Dudhana Project ... vs The State Of Maharashtra And Ors on 28 September, 2018

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Bombay High Court

Ex. Engineer, Nimna Dudhana Project ... vs The State Of Maharashtra And Ors on 28 September, 2018

Bench: P.R. Bora

                                     (1)


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    BENCH AT AURANGABAD

         913 CIVIL APPLICATION NO. 8873 OF 2018
                   IN FAST/13955/2018 
                          WITH 
   CA/7936/2018 IN FAST/13969/2018 WITH CA/7937/2018 
        IN FAST/13969/2018 WITH CA/8869/2018 IN 
          FAST/13974/2018 WITH CA/8870/2018 IN 
          FAST/13974/2018 WITH CA/8871/2018 IN 
          FAST/13959/2018 WITH CA/8872/2018 IN 
          FAST/13959/2018 WITH CA/8874/2018 IN 
                     FAST/13955/2018

   EX. ENGINEER, NIMNA DUDHANA PROJECT DIV. SELU THR 
               JALNA IRRIGATION DIV. JALNA
                          VERSUS
            THE STATE OF MAHARASHTRA AND ORS
                            ...
      Advocate for Applicant : Mr. Solshe Vinesh C
      Mr. PG Borade, AGP for Respondent No.1 & 2. 
                            ...

                               CORAM :  P.R. BORA, J.
                               DATED :  28th SEPTEMBER, 2018.


 PER COURT:-

 1.               Heard   learned   counsel   for   applicant-

 acquiring   body.     Learned   counsel   for   applicant 

 submitted   that   in   complying   the   procedural 

 formalities, the delay has occasioned in filing the 

 present   appeals.     The   learned   counsel   submitted 

 that   substantial   grounds   are   raised   by   the 

 acquiring body in exception to the Awards impugned 

 in   the   present   appeals.     The   learned   counsel 

 further   submitted   that   when   the   Special   Land 



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                                     (2)
 Acquisition Officer had awarded the compensation @ 

 Rs.   3,700/-   per   Are,   the   Reference   Court   has 

 arbitrarily enhanced the amount of compensation by 

 determining the market value of the subject lands @ 

 Rs.240/- per sq.meter.   In the circumstances, the 

 learned   counsel   prayed   for   issuance   of   notice   on 

 application for condoning delay as well as CA for 

 stay and has further prayed for staying execution 

 of the impugned Awards subject to deposit of 50% of 

 the amount under the Award by the acquiring body. 

 The   learned   counsel   further   brought   to   my   notice 

 that   in   similar   matters   this   Court   (Coram: 

 N.W.Sambre,J.)   vide   order   pased   on   5th  August, 

 2015, had granted interim stay subject to deposit 

 of   the   50%   of   the   amount   under   the   Award   by   the 

 Reference Court in the said matters.

 2.               In view of the above, following order is 

 passed, -

                                  ORDER

i. Issue notice to the respondents in CA for condonation of delay as well as stay, returnable after eight weeks. Learned AGP waives service for Respondent Nos. 1 and 2.

ii. Execution of the Award impugned in the ::: Uploaded on - 29/09/2018 ::: Downloaded on - 30/09/2018 02:27:02 ::: (3) present appeals shall stand stayed subject to deposit of 50% of the amount under each of the Awards along with the interest accrued thereon by the acquiring body in this Court within eight weeks from today.

(P.R. BORA) JUDGE bdv ::: Uploaded on - 29/09/2018 ::: Downloaded on - 30/09/2018 02:27:02 :::

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