Allowed

The State of Maharashtra through the Collector and Anr. v. Shri. Chandrakant Lahu Thakur and Ors.

Bombay HC27 Apr 2018CAF/1736/2018

Case brief

AI extract

What is this about?

In this civil application, the State sought a stay on the execution of a land acquisition award while depositing the amount to protect their ability to challenge its quantum based on market rates at the time of notification.

What did the court decide?

Stay on operation and execution of award conditioned upon deposit of awarded amount plus interest and costs in the Trial Court within 12 weeks.

The State of Maharashtra through the Collector and Anr. Vs… — Land Acquisition | Bombay HC (2018)

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502.caf.1736.2018.doc

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dik

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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CIVIL APPLICATION NO. 1736 OF 2018 IN FIRST APPEAL (ST) NO. 32600 OF 2015

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The State of Maharashtra & Anr. ...Applicants/Appellants

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Chandrakant Lahu Thakur & Ors. ...Respondents

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Mr A.R.Patil AGP for the Appellants/Applicants.

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CORAM : K.K.TATED &

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B.P.COLABAWALLA, JJ. APRIL 27, 2018.

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P.C. :

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At the request of learned AGP, the matter is taken on

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production board at 3.00 p.m.

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2 Learned AGP submits that the respondents-original claimants have filed an execution application for recovery of the awarded amount, hence there is urgency.

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3 Learned AGP submits that the reference court by an

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impugned Judgment and Award dated 30^th October, 2014 awarded an additional compensation of Rs.2,41,70,486/-. He submits that at the time of awarding the additional

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502.caf.1736.2018.doc

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compensation Reference Court failed to consider the prevailing market rate of acquired land on the date of notification under Section 4 of Land Acquisition Act,1894. He submits that they have good chances of success in the present appeal. He submits that if the entire awarded amount is recovered by the Respondent/claimant in the Execution Application, then it will be very difficult for them to bring back the amount if the applicants succeed in the present appeal.

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4 Learned AGP submits that in the interest of justice, this Honourable Court be pleased to allow the present Civil Application and restrain the respondents from executing the impugned award.

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5 Considering the submissions made by the learned AGP and the averments made in the Civil Application, we are satisfied that that the applicants have made out a case for allowing this Civil Application. At the same time the applicants have to deposit entire awarded amount along with costs and interest, if any, in the Trial Court. Hence, the order.

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(a) The operation and implementation of the impugned

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Judgment and Award dated 30^th October, 2014

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502.caf.1736.2018.doc

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passed by the learned Civil Judge, Senior Division, Panvel in L.A.R. No.174 of 2007 (Old L.A.R. No.179 of 2007) is stayed, till further orders, on condition that the applicants to deposit the entire awarded amount along with interest, costs in Reference Court (Trial Court) within 12 weeks from today failing which the interim protection granted shall stand vacated without further reference to the court;

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(b) If the amount is deposited by the applicants within

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the stipulated time as stated above, the Reference Court (Trial Court) is directed to invest the said amount in Fixed Deposit in any Nationalized Bank initially for a period of one year and same to be continued till further orders;

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(c) If the amount is not deposited within the stipulated time as stated above, the respondents are entitled to execute the award in accordance with law;

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(d) Liberty is granted to the respondents/claimants to make an application to this Court for withdrawal of the amount, which shall be decided on its own

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502.caf.1736.2018.doc

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merits;

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(e) The Civil Application is disposed of accordingly;

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(f) No costs.

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(B.P.COLABAWALLA, J.) ( K.K.TATED, J.)

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The State of Maharashtra through the Collector and Anr. v. Shri. Chandrakant Lahu Thakur and Ors.

Case brief

What is this about?

What did the court decide?

The State of Maharashtra through the Collector and Anr. v. Shri. Chandrakant Lahu Thakur and Ors.

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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