Allowed¶41

The State of Maharashtra through the Collector Jalna and Ors. v. Digamber Bhaurao Girnare and Ors.

Bombay HC8 Feb 2024CA/1627/2024

Case brief

AI extract

What is this about?

State of Maharashtra Collector Jalna / Collector Osmanabad civil applications in FAST first appeals; stay of Reference Court judgments and awards enhancing compensation over SLAO assessment; conditional stay on deposit of entire compensation within ten weeks; no extension of time; automatic vacatur on default; notice returnable 18.04.2024; S.G. Mehare, J.; Aurangabad Bench; 08-02-2024.

What did the court decide?

Notice ordered to respondents returnable on 18.04.2024; stay granted to the impugned judgments and awards passed by the learned Reference Court till the next date, conditional on deposit of the entire compensation amount as per the impugned awards within ten weeks; no extension of time permissible; stay to be vacated automatically on default. ¶41

The State of Maharashtra through the Collector Jalna and Ors. vs Digamber Bhaurao Girnare and Ors. — Bombay HC (2024) — LawSathi Research

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927-CA-1607-24.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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927 CIVIL APPLICATION NO. 1607 OF 2024 IN FAST/2497/2024 WITH CIVIL APPLICATION NO. 1608 OF 2024 IN FAST/2497/2024

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THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND OTHERS VERSUS MOTIRAM DAGADU GAWANDE DIED THROUGH LEGAL HEIRS GAJANAN GAWANDE AND OTHERS

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928 CIVIL APPLICATION NO. 1621 OF 2024 IN FAST/2487/2024 WITH CIVIL APPLICATION NO. 1622 OF 2024 IN FAST/2487/2024

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THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND OTHERS

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VERSUS

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KUNDLIK DASHRATH BARKALE AND OTHERS

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929 CIVIL APPLICATION NO. 1623 OF 2024 IN FAST/2484/2024 WITH CIVIL APPLICATION NO. 1624 OF 2024 IN FAST/2484/2024

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THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND OTHERS VERSUS TOTARAM DAGADU GAWANDE DIED THROUGH LEGAL HEIRS PRABHAKAR GAWANDE AND OTHERS

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930 CIVIL APPLICATION NO. 1625 OF 2024 IN FAST/913/2024 WITH CIVIL APPLICATION NO. 1626 OF 2024 IN FAST/913/2024

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THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR OSMANABAD AND

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OTHERS

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VERSUS

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SUBRAO HARSHCHANDRA RATHOD

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931 CIVIL APPLICATION NO. 1627 OF 2024 IN FAST/2491/2024 WITH CIVIL APPLICATION NO. 1628 OF 2024 IN FAST/2491/2024

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THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND OTHERS VERSUS

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DIGAMBER BHAURAO GIRNARE AND OTHERS

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932 CIVIL APPLICATION NO. 1629 OF 2024 IN FAST/39841/2023 WITH CIVIL APPLICATION NO. 1630 OF 2024 IN FAST/39841/2023

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THE STATE OF MAHARASHTRA THR THE COLLECTOR OSMANABAD AND OTHERS

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VERSUS

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LIMBAN @ SAVITA MANIKRAO BHOSALE

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933 CIVIL APPLICATION NO. 1631 OF 2024 IN FAST/996/2024 WITH CIVIL APPLICATION NO. 1632 OF 2024 IN FAST/996/2024 WITH CIVIL APPLICATION NO. 1634 OF 2024 IN FAST/1002/2024

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THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR OSMANABAD VERSUS MADHUKAR KONDIBA PAWAR DIED THROUGH HIS LEGAL HEIRS

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927-CA-1607-24.odt

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934 CIVIL APPLICATION NO. 1635 OF 2024 IN FAST/2506/2024 WITH CIVIL APPLICATION NO. 1636 OF 2024 IN FAST/2506/2024

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THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND OTHERS VERSUS BAPU @ BABU PANDU KHILLARE

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... 937 CIVIL APPLICATION NO. 1662 OF 2024 IN FAST/2494/2024 WITH CIVIL APPLICATION NO. 1663 OF 2024 IN FAST/2494/2024

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THE STATE OF MAHARASHTRA THROUGH THE COLECTOR JALNA AND OTHERS VERSUS SHRIRAM RANGNATH GIRNARE AND OTHERS

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938 CIVIL APPLICATION NO. 1664 OF 2024 IN FAST/2503/2024 WITH CIVIL APPLICATION NO. 1665 OF 2024 IN FAST/2503/2024

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THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND OTHERS VERSUS KAUTIKRAO SHITARAM GAWANDE AND OTHERS

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AGPs for Applicant : Mr. A. S. Shinde, Mrs. R. R. Tandale and Mrs. M. L. Sangit

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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 A.G.P. for the applicants.

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Issue notice to respondents, returnable on 18.04.2024.

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Learned A.G.P. submits that the learned Reference Court has

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enhanced the compensation exorbitantly compared to the assessment done by the Special Land Acquisition Officer. Considering the statement of the learned A.G.P., stay can be granted subject to condition of depositing the entire amount of the compensation as per the impugned awards.

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There shall be stay to the impugned judgments and awards passed by the learned Reference Court till next date on the

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3 927-CA-1607-24.odt

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condition to deposit the entire compensation as per impugned awards amount within ten weeks from today.

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There shall be no extension of time to deposit the entire compensation amount in any event.

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If the compensation amount is not deposited within the time granted, the stay would be vacated automatically.

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( S. G. MEHARE, J. )

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rrd

The State of Maharashtra through the Collector Jalna and Ors. v. Digamber Bhaurao Girnare and Ors.

Case brief

What is this about?

What did the court decide?

The State of Maharashtra through the Collector Jalna and Ors. v. Digamber Bhaurao Girnare and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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