This order dismisses condonation of delay applications against the state and passes a stay on the award pending a 70% deposit by the acquiring body.
Stay granted by the order is subject to deposit of 70% of the decretal amount within 12 weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
{1} CA 11099 OF 2023 & ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
920 CIVIL APPLICATION NO.11099 OF 2023
IN FAST/26033/2023
WITH CA/11107/2023 IN FAST/26005/2023
WITH CA/11108/2023 IN FAST/26005/2023
WITH CA/11109/2023 IN FAST/26008/2023
WITH CA/11110/2023 IN FAST/26008/2023
WITH CA/11111/2023 IN FAST/26012/2023
WITH CA/11112/2023 IN FAST/26012/2023
WITH CA/11105/2023 IN FAST/26017/2023
WITH CA/11106/2023 IN FAST/26017/2023
WITH CA/11103/2023 IN FAST/26021/2023
WITH CA/11104/2023 IN FAST/26021/2023
WITH CA/11101/2023 IN FAST/26029/2023
WITH CA/11102/2023 IN FAST/26029/2023
WITH CA/11100/2023 IN FAST/26033/2023
WITH CA/11113/2023 IN FAST/26036/2023
WITH CA/11114/2023 IN FAST/26036/2023
WITH CA/11115/2023 IN FAST/26040/2023
WITH CA/11116/2023 IN FAST/26040/2023
THE EXECUTIVE ENGINEER LATUR, MINOR IRRIGATION DIVISION
VERSUS
SWARUP BABURAO SAWANT AND ORS
Advocate for Applicant : Mr.Bhushan V. Virdhe
AGP for State : Mr.A.M.Phule
Advocate for Respondents in APPLN/11107/2023 & 11108/2023 :
Mr.Shashikiran N.Patil
CORAM : SMT. VIBHA KANKANWADI &
ABHAY S. WAGHWASE, JJ.
DATE : 8 SEPTEMBER, 2023
PER COURT :-
1.Issue notice to the respondents – claimants in applications for
condonation of delay.
{2} CA 11099 OF 2023 & ORS
2.Mr.S.N.Patil, learned Advocate waives service of notice for the
respondents – claimants in Civil Application Nos.11107 of 2023 and
11108 of 2023. He wants to file say in application for condonation
of delay. Say-cum-affidavit to be filed on or before 05-10-2023 by
giving copy of the same to other side in advance.
3.Acquiring Body has also filed applications for stay to the
impugned judgment and award. Mr.B.V.Virdhe, learned Advocate for
the applicant - Acquiring Body has vehemently submitted that the
rate that was fixed by the Special Land Acquisition Officer is already
multiplied by 4. Taking into consideration the fact that the award is
under the new Act and therefore, already the interest of the
claimants was taken care of, still the huge amount has been granted
by way of enhancement by the Tribunal.
4.In view of the dispute that has been now tried to be raised, we
feel that there should be stay to the impugned Judgment and award,
subject to deposit of 70% of the decreetal amount within a period of
12 weeks from today. If the deposit of the said amount as scheduled
is not made then it should be treated that there is no stay.
5. Applications for stay are disposed of.
6. Place the matters for further consideration on 18-12-2023.
( ABHAY S. WAGHWASE ) ( SMT. VIBHA KANKANWADI ) JUDGE JUDGE
SPT
3 issues framed by the court
Whether applications for stay on the impugned judgment and award be allowed pending consideration of condonation of delay.
Whether the acquisition body should be stayed from recovering the decretal amount subject to 70% deposit.
Whether the condonation of delay applications by respondents should be placed for condonation.
The Executive Engineer Latur, Minor Irrigation Division
Swarup Baburao Sawant and Ors
Vibha Kankanwadi
Abhay S. Waghwase
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court