Allowed

Executive Engineer, Minor Irrigation Department, Nashik v. Bhimaji Namdev Tambere and Anr.

Bombay HC18 Oct 2024IA/9653/2024

Case brief

AI extract

What is this about?

Acquiring body sought stay of the Reference Court's award, having failed to deposit the amount within eight weeks due to delayed State funding. The court allowed the application and stayed the judgment and award conditional on the applicant depositing the entire decretal amount with accrued interest within one week, permitting claimants thereafter to apply for withdrawal.

What the court decided

AI extract

Executive Engineer, Minor Irrigation Department, Nashik vs… — Land Acquisition | Bombay HC (2024)

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2024:BHC-AS:41652

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915ia9653-24

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO.9653 OF 2024 IN

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FIRST APPEAL (ST.) NO.12295 OF 2023

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Executive Engineer, Minor Irrigation Department, Nashik ... Applicant. Versus Bhimaji Namdev Tambere and Anr. ... Respondents.

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Ms. Chaitrali Deshmukh, for the Appliant.

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Mr. Prashant Patil (through videco conferencing) for Resp.Nos.1, 3 to 5. Mr. A.R. Patil, AGP for the Respondent-State.

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—————

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Coram : Sharmila U. Deshmukh, J. Date : October 18, 2024

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P. C. :

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1. Heard.

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2. Interim Application has been preferred seeking stay of the order dated 30^th July, 2019 passed by the Reference Court in LAR No.90 of 2012.

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3. Learned counsel appearing for the Applicant submits that by an order of 6^th November, 2023, ad-interim stay was granted on the condition of deposit within a period of eight weeks. She submits that there were some delay in receipt of funds from the State Government and therefore the amount could not be deposited within a period of eight weeks from the date of the order of 6^th November, 2023. She further submits that the Applicants have now calculated the amount till September, 2024 and within a period of one week the amount will be deposited in the Reference Court.

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sa_mandawgad

915ia9653-24

4. Learned counsel appearing for the Respondent Nos.1, 3 to 5 submits that despite the order permitting them to deposit within a period of eight weeks no deposit was made and therefore, no stay should be granted.

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5. Considering that the Claimants would have an opportunity to withdraw amount if the same is permitted to be deposited, the grant of stay would be to the benefit of the Claimants.

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6. In light of the above and particularly considering the submission that the funds being made available to the Acquiring Body by the State Government recently, the Interim Application is allowed. The entire decretal amount alongwith the accrued interest to be deposited in the Reference Court within a period of one week from today. Upon the amount being deposited, the Claimants would be at liberty to make an appropriate Application for withdrawal.

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7. Interim Application is allowed.

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8. The Judgment and Award dated 30^th July, 2019 passed by the Reference Court in LAR No.90 of 2012 is stayed subject to the Applicants depositing the entire decretal amount alongwith accrued interest within a period of one week from the date of uploading of this order on the official website of this Court, in the Reference Court.

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[Sharmila U. Deshmukh, J.]

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Signed by: Sanjay A. Mandawgad Designation: PA To Honourable Judge Date: 19/10/2024 12:56:21

Executive Engineer, Minor Irrigation Department, Nashik v. Bhimaji Namdev Tambere and Anr.

Case brief

What is this about?

What the court decided

Executive Engineer, Minor Irrigation Department, Nashik v. Bhimaji Namdev Tambere and Anr.

Case brief

What is this about?

What the court decided

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Issues for consideration

Parties & counsel

Coram

Case details

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