Land acquisition first appeal by the acquiring authority seeking dispensation from filing a certified copy of the award and stay of the award's operation. Both civil applications were allowed; the applicant undertook to deposit the entire compensation within twelve weeks.
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13-CAF-3593-2023
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR .
CIVIL APPLICATION (F) NO. 3593 OF 2023 IN FIRST APPEAL NO. 1210 OF 2023
(The Executive Engineer Vs. Sk Ahmad Sk Fakira & Ors.)
Office Notes, Office Memoranda of Coram,__________________________________________________________________________ appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders.
Shri M.R. Joharapurkar, Counsel for the applicant/ appellant. Shri A.R. Patil, Counsel for non-applicant no.1. Ms H.S. Dhande, A.G.P. for non-applicant nos. 2 and 3/ State.
CORAM : ANIL L. PANSARE, J. FEBRUARY 14, 2024.
The applicant/appellant had filed application under Order 41 Rule 1 of the Code of Civil Procedure, 1908 (for short “the Code”) seeking to dispense with filing of additional certified copy of the award passed by the Reference Court on the ground that the certified copy of the award has been filed in connected matters being CAF No. 2614/2023 In FA Nos. 1175/2023, 121/2024, 120/2024, CAF No. 3897/2023 In FA St. No.10091/2023, FA Nos. 53/2024, 51/2024, 52/2024, 1211/2023, 1213/2023, 1236/2023, 1238/2023, CAF No. 287/2024 In FA St. No. 10069/2023, FA Nos. 1212/2023, 1209/2023, 1210/2023, 1215/2023, 1214/2023, 150/2024, 146/2024, FA St. Nos. 14055/2022, 13961/2022, 14209/2022, 13967/2022, 14146/2022, 14241/2022, 14137/2022 and 14341/2022.
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13-CAF-3593-2023
2] In view thereof and for the reasons set out in the application, the same is allowed as prayed for.
CIVIL APPLICATION (F) NO. 424/2024
3] The applicant/appellant has filed application under Order 41 Rule 5 of the Code. The learned Counsel for the applicant states that the entire amount of compensation will be deposited in the Court within twelve weeks.
4] The statement is accepted. If the amount is not so deposited, additional interest will be borne by the Officers, who are responsible for the delay.
5] In view of above, the effect and operation of the award dated 9/2/2021 passed by the Joint Civil Judge Senior Division, Pusad in L.A.C. No. 106/2010 is stayed for twelve weeks.
6] Copy of order be served upon the appellant for taking necessary steps.
(ANIL L. PANSARE, J.)
Sumit
Signed by: Mr. Sumit Agrawal Designation: PA To Honourable Judge Date: 15/02/2024 17:58:49
2 issues framed by the court
Should filing of an additional certified copy of the Reference Court award be dispensed with in the first appeal?
Should the effect and operation of the award dated 9/2/2021 in L.A.C. No. 106/2010 be stayed pending deposit of compensation?
2 provisions across 1 enactments
The Executive Engineer
Sk Ahmad Sk Fakira
Anil L. Pansare
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
