Allowed

The Executive Engineer, Latur Minor Irrigation Division, Latur v. Waghambar Devrao More and Others

Bombay HC29 Sept 2014CA/4559/2014

Case brief

AI extract

What is this about?

This order grants a stay on the execution of a land acquisition award conditional on the applicant depositing the full decretal amount within ten weeks. If deposited, respondents get liberty to withdraw funds; if not, the stay lapses and execution proceeds. Applications disposed accordingly.

What did the court decide?

Stay on execution of order dated 3rd Jan. 2012 granted on condition of depositing decretal amount with interest and costs within ten weeks; liberty to withdraw funds granted if deposited.

The Executive Engineer, Latur Minor Irrigation Division… — Land Acquisition | Bombay HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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(1) CA NO.4559/2014gr

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CIVIL APPLICATION CA/4559/2014 IN FAST/372/2014

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WITH

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CA/4561/2014 IN FAST/552/2014
WITH
CA/4563/2014 IN FAST/547/2014
WITH
CA/4565/2014 IN FAST/539/2014
WITH
CA/4567/2014 IN FAST/524/2014
WITH
CA/4569/2014 IN FAST/518/2014

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THE EXECUTIVE ENGINEER, LATUR MINOR IRRIGATION DIVISION,
LATUR
VERSUS
WAGHAMBAR DEVRAO MORE AND OTHERS

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...

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Advocate for Applicant : Mr. Giri Umakant P.
AGP for Respondents:Mrs. V.A.Shinde

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...

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CORAM : K. K. TATED, J.
Dated: September 29, 2014

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...

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PER COURT :-

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1.Heard learned Counsel Mr.U.P.Giri for
the applicant and learned A.G.P. Mrs.V.A.Shinde
for respondent State.

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2.These civil applications are preferred
by acquiring body for stay of operation and
implementation of the impugned common judgment

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AGP/-

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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and award dated 3rd January, 2012, passed by
Civil Judge, Senior Division, Nilanga, in Land
Acquisition References.

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3.Learned Counsel for the applicants
submits that in the present proceedings,
notification under Section 4 of Land Acquisition
Act was issued on 6th April, 2006, for acquiring
respondents / original claimants lands for
construction of Hanumantwadi Water Storage
tank. After following due process of law, the
Special Land Acquisition Officer passed award
dated 31st December, 2007, and awarded
compensation in respect of acquired property at
the rates of Rs.1,683/- per R. i.e.
Rs.1,68,300/- per hectare. Reference Court
awarded enhanced compensation at the rate of
Rs.3,923/- per R. i.e. Rs.3,92,300/- per
hectare.

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4.Learned Counsel for the applicant
submits that if entire amount is recovered by
the respondents / original claimants in

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AGP/-

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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(3)CA NO.4559/2014gr

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execution application, nothing will survive in
the present first appeals. He submits that the
Reference Court, without considering relevant
sale instances on record, held that the
respondents / original claimants are entitled
for additional compensation in respect of
acquired land. He submits that they have good
chance of success in the present first appeals.
He submits that, if stay is not granted, and if
entire amount is recovered by the respondents /
original claimants, nothing will survive in the
first appeals.

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5.Considering the submission made by the
learned Counsel for the applicant, the averments
made in the civil application and if the entire
amount is recovered by the respondents /
original claimants in execution application,
nothing will survive in these first appeals,
hence applicant is entitled for interim relief.

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6. As this order is passed without
giving notice to the respondents / original

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AGP/-

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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(4)CA NO.4559/2014gr

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claimants, they are entitled to prefer
appropriate application, if they so desire, for
withdrawal of the amount and that application
will be decided on its own merits.

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7.Hence, following order:

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ORDER

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A. Operation and implementation of the
impugned common judgment and award dated 3rd
January, 2012, passed by the learned Civil
Judge, Senior Division, Nilanga, in Land
Acquisition References, is stayed on the
condition that applicants to deposit the entire
decretal amount with interest and costs, in
Reference Court, within ten weeks from today,
failing which, Civil Applications shall stand
rejected without referring back to the Court.

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B. If the amount is deposited within
stipulated time, as stated hereinabove, liberty
granted to the respondents / original claimants
to prefer appropriate application for withdrawal
of the amount, if they so desire, and that

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AGP/-

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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application will be decided on its own merits.
C. If the amount is not deposited within
stipulated time, as stated hereinabove, the
respondents / original claimants are entitled to
execute the judgment and award according to law.
 D. All Civil Applications for stay stand
disposed of accordingly.

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...

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AGP/-

The Executive Engineer, Latur Minor Irrigation Division, Latur v. Waghambar Devrao More and Others

Case brief

What is this about?

What did the court decide?

The Executive Engineer, Latur Minor Irrigation Division, Latur v. Waghambar Devrao More and Others

Case brief

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What did the court decide?

What the court decided

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