Bombay High Court
The Ex. Engineer, Minor Irrigation ... vs Ranjana Jivan Jahagirdar And Ors on 10 December, 2020
Bench: Sunil P. Deshmukh, R.G. Avachat
ca3210.20
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO.3210 OF 2020
IN
FIRST APPEAL NO.829 OF 2020
THE EXECUTIVE ENGINEER, MINOR IRRIGATION, JALGAON AND
ANOTHER
VERSUS
RANJANA JIVAN JAHAGIRDAR AND OTHERS
...
Mr.A.D. Pawar Advocate for Applicants.
Mr.K.B. Borde Advocate for Resp. Nos. 1.1 to 1.3.
Mr.P.N. Kutti, A.G.P. for Resp. Nos. 2 and 3.
...
CORAM: SUNIL P. DESHMUKH AND
R.G. AVACHAT, JJ.
DATE : 10th DECEMBER, 2020
ORDER :
1. Issue notice to respondents. Learned counsel Mr. Borde appearing for caveator waives notice for respondent No. 1.1 to 1.3. Learned AGP waives notice for respondents No. 2 and 3.
2. Learned counsel for applicants submits that enhancement has been too steep and would not be borne by evidence. He further purports to refer to that private valuer's report has been relied on. Even otherwise, the valuer has not followed proper procedure. He purports to refer to the decision of the Supreme Court in the case of the Executive Engineer, M.I.W. vs. Vitthal Damodar Patil and another, reported in (2019) 7 S.C.C. 225. ::: Uploaded on - 11/12/2020 ::: Downloaded on - 12/12/2020 04:18:35 :::
ca3210.20 2
3. Learned counsel for claimants seeks time to make submissions.
4. Learned counsel for the claimants, however, submits that the high court in the majority of the matters directed to deposit entire award amount and further submits that the claimants have not received any amount beyond the one granted by Special Land Acquisition Officer/ Collector and they are in dire need of compensation amount.
5. Learned counsel for applicants also seeks time to make submissions.
6. In the circumstances, there should be ad-interim relief in terms of prayer clause "(B)" on the condition that entire award amount be deposited in this court within a period of ten weeks from today. In case of failure to deposit the amount within ten weeks, ad-interim relief shall stand vacated without further reference to the court.
7. Put-up the application on 22nd February, 2021. (R.G. AVACHAT, J.) [SUNIL P. DESHMUKH, J.] asb/DEC20 ::: Uploaded on - 11/12/2020 ::: Downloaded on - 12/12/2020 04:18:35 :::