Disposed

The Ex. Engineer, Sina Kolegaon Project Division, Paranda Dist-Osmanabad and Ors. v. Nazir Babu Shaikh

Bombay HC24 Jul 2018CA/10252/2017

Case brief

AI extract

What is this about?

The court stayed execution of impugned award pending appeal. Applicants must deposit the entire award amount with interest within 12 weeks, or stay is vacated. Court avoids detailed scrutiny of reference court judgment regarding seasonal irrigation.

What did the court decide?

Stay conditioned on deposit of entire award amount with accrued interest within 12 weeks; otherwise stay stands vacated automatically.

The Ex. Engineer, Sina Kolegaon Project Division… — Writ and Judicial Review | Bombay HC (2018)

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1 Sr2CA10248.2017

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY. BENCH AT AURANGABAD.

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CIVIL APPLICATION NO. 10246 OF 2017 IN FIRST APPEAL ST. NO. 6726 OF 2017

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The Executive Engineer, Sina Kolegaon Project Division, Paranda, Dist. Osmanabad, & Ors.

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… Applicants

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VERSUS

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Sallauddin Shahabuddin Mujawar … Respondent

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WITH CIVIL APPLICATION NO. 10254 OF 2017 IN FIRST APPEAL ST. NO. 6752 OF 2017

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The Executive Engineer, Sina Kolegaon Project Division, Paranda, Dist. Osmanabad, & Ors.

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… Applicants

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VERSUS

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Kanifnath Vithal Chopade … Respondent

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WITH CIVIL APPLICATION NO. 10252 OF 2017 IN FIRST APPEAL ST. NO. 6746 OF 2017

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The Executive Engineer, Sina Kolegaon Project Division, Paranda, Dist. Osmanabad, & Ors.

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… Applicants

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VERSUS

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Nazir Babu Shaikh … Respondent

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WITH

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CIVIL APPLICATION NO. 10250 OF 2017 IN

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2 Sr2CA10248.2017

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FIRST APPEAL ST. NO. 6743 OF 2017

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The Executive Engineer, Sina Kolegaon Project Division, Paranda, Dist. Osmanabad, & Ors. … Applicants

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VERSUS

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Navnath Pandurang Suryawanshi (Kasab) … Respondent

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WITH CIVIL APPLICATION NO. 10248 OF 2017 IN FIRST APPEAL ST. NO. 6749 OF 2017

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The Executive Engineer, Sina Kolegaon Project Division, Paranda, Dist. Osmanabad, & Ors.

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… Applicants

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VERSUS

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Baba Mahebub Mujawar … Respondent

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In all matters:

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Mr Ruturaj C. Patil, Advocate for the applicants Mr A. S. More, Advocate for respondent

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CORAM : A. M. DHAVALE, J. DATE : 24^TH JULY, 2018.

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PER COURT :-

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Heard Mr Ruturaj C. Patil, learned counsel for the applicants. He seeks stay to the execution, implementation and operation of the impugned Judgment and Award and shows willingness to deposit the part amount under the award and claims

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3 Sr2CA10248.2017

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exemption for paying the remaining amount on the ground that, the interest is awarded from the date of possession, which according to the judgment of the Full Bench of this Court in the case of State of Maharashtra vs. Kailash Shiva Rangari reported in 2016(3) Mh.L.J. 457, should have been from the date of the award and on the ground that the reference Court held that the land is seasonally irrigated, when there was no well.

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While deciding these applications for grant of stay subject to directions to deposit the amount, there cannot be minute scrutiny of the judgment of the reference Court. It is not disputed that the possession of the lands were taken before the date of award without following the provisions of Section 17 of the Land Acquisition Act. In that case, the claimants would be entitled for the rental compensation. That is also not given. Therefore, question of grant of excess interest, if any, can be considered towards adjustment of rental compensation. There are reasons given for holding the land as seasonally irrigated.

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In the circumstances, I follow the order passed by my brother Judge, in similar matters from the same award. Hence, the order.

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4 Sr2CA10248.2017

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ORDER

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(i) Pending the hearing and final disposal of first appeals, the execution, implementation and operation of the impugned judgment and award under appeals is hereby stayed on the condition that the applicants shall deposit entire amount under award with accrued interest thereon, in this Court, within a period of 12 (twelve) weeks from today, failing which the order granting stay shall stand vacated automatically without further reference to the Court.

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4. Civil Applications stand disposed of.

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[ A. M. DHAVALE ] JUDGE

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Punde

The Ex. Engineer, Sina Kolegaon Project Division, Paranda Dist-Osmanabad and Ors. v. Nazir Babu Shaikh

Case brief

What is this about?

What did the court decide?

The Ex. Engineer, Sina Kolegaon Project Division, Paranda Dist-Osmanabad and Ors. v. Nazir Babu Shaikh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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