Dismissed

The State of Maharashtra v. Bhimrao P. Deshmukh (Decd.) by Lhs.

Bombay HC11 Jan 2007CA/2285/2000

Case brief

AI extract

What is this about?

The High Court dismissed the civil application challenging a reference award under the Land Acquisition Act, 1894, holding that a stay could not be granted after more than ten years without a prior stay despite the enhancement in compensation.

What did the court decide?

Application rejected; stay not granted; withdrawal of compensation subject to final appeal outcome.

The State of Maharashtra Vs Bhimrao P. Deshmukh (Decd.) by… — Land Acquisition | Bombay HC (2007)

¶1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶2

CIVIL APPELLATE JURISDICTION

¶3

CIVIL APPLICATION NO. 2285 OF 2000.
IN
FIRST APPEAL NO. 2782 OF 2006.

¶4

The State of Maharashtra.
Versus.

¶5

... Applicant.

¶6

Bhimrao Parbatrao Deshmukh
(since deceased through LRs.)... Respondents.

¶7

Shri A.R.Patil, A.G.P. for the Applicant.

¶8

CORAM : ABHAY S.OKA, J.
DATED : 11th January, 2007.

¶9

P.C.:

¶10

1.Heard the learned A.G.P. for the Applicant.
The challenge in the First Appeal is to the Judgment and
Award dated 6th April 1996 passed by the Joint District
Judge, Nashik in a reference under section 18 of the
Land Acquisition Act, 1894. For a period of 10 years
and more there is no stay operating in favour of the
Applicant. Considering this aspect and considering the
amount of enhancement granted, the stay cannot be
granted after a lapse of 10 years. Hence the
Application is rejected.

¶11

2.It is made clear that the withdrawal of the
compensation amount by the Claimant will be subject to
the final outcome of the Appeal. If the Claimant has
already furnished any security while withdrawing the
amount, the same shall be maintained till the disposal
of the Appeal.

¶12

Judge.

The State of Maharashtra v. Bhimrao P. Deshmukh (Decd.) by Lhs.

Case brief

What is this about?

What did the court decide?

The State of Maharashtra v. Bhimrao P. Deshmukh (Decd.) by Lhs.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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