The M. K. v. D. C., Thr., Exe. Eng., Sina Kolegaon Project, Paranda,Paranda,Osmanabad and Ors. vs Kaishalyabai D. Ghogare(Died)Thr L.Rs. Gajendra (Died)Thr L.Rs.Chandrasena G. Patil and Ors.

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33-CA-1440-24.odt

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1

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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CIVIL APPLICATION NO. 1440 OF 2024 IN FAST/33531/2023

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THE M. K. V. D. C., THR., EXE. ENG., SINA KOLEGAON PROJECT, PARANDA,PARANDA,OSMANABAD AND ORS VERSUS

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KAISHALYABAI W/O DIGAMBAR GHOGARE(DIED), THROUGH HER L.RS. UMESH S/O GAJENDRA PATIL

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Advocate for Applicant : Mr. Anil M. Gaikwad

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WITH CIVIL APPLICATION NO. 1441 OF 2024 IN FAST/33531/2023 WITH CIVIL APPLICATION NO. 1444 OF 2024 IN FAST/33536/2023 WITH CIVIL APPLICATION NO. 1445 OF 2024 IN FAST/33536/2023 WITH CIVIL APPLICATION NO. 1442 OF 2024 IN FAST/33540/2023 WITH CIVIL APPLICATION NO. 1443 OF 2024 IN FAST/33540/2023

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CORAM : S. G. MEHARE, J. DATE : 08-02-2024

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PER COURT :-

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Heard the learned counsel for the applicant/appellant.

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Issue notice to respondents, returnable on 27.03.2024.

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Learned counsel for the applicant/appellant states that the Special Land Acquisition Officer has granted compensation of Rs.900/R. for the acquired land. However, the learned Reference Court awarded the compensation amount of Rs.3,000/R. The learned Reference Court has considered 9 year old sale instances. Therefore, stay may be granted to the impugned awards.

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It is a money decree. Hence, a blanket stay could not be granted.

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2 33-CA-1440-24.odt

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There shall be interim stay to the impugned judgments and awards on the condition that the appellant shall deposit the entire compensation granted as per the impugned awards, within six weeks from today.

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If the compensation as per order of this Court is not deposited on or before the next date, the stay would be vacated automatically.

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It is clarified that there shall be no further extension of time to deposit the compensation money.

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( S. G. MEHARE ) JUDGE

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rrd

The M. K. v. D. C., Thr., Exe. Eng., Sina Kolegaon Project, Paranda,Paranda,Osmanabad and Ors. v Kaishalyabai D. Ghogare(Died)Thr L.Rs. Gajendra (Died)Thr L.Rs.Chandrasena G. Patil and Ors.

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The M. K. v. D. C., Thr., Exe. Eng., Sina Kolegaon Project, Paranda,Paranda,Osmanabad and Ors. v Kaishalyabai D. Ghogare(Died)Thr L.Rs. Gajendra (Died)Thr L.Rs.Chandrasena G. Patil and Ors.

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