Disposed

Executive Engineer (C), Ehv Cccm Division, Amrawati v. Nirmala Wd/O Uttamrao Raut and Others

Bombay HC6 Dec 2024WP/833/2024

Case brief

AI extract

What is this about?

Executing court had awarded respondents additional compensation of Rs. 1,43,18,209 per a Supreme Court order. Since no finding was recorded on the calculation memo submitted by the Special Land Acquisition Officer, the High Court set aside the impugned order and remitted the matter to the Executing Court for fresh decision, directing interim deposit of Rs. 25 lakhs.

What did the court decide?

Impugned order set aside; matter remitted to Executing Court for fresh decision; petitioner to deposit Rs. 25 lakhs within two weeks without prejudice.

Executive Engineer (C), Ehv Cccm Division, Amrawati… — Execution and Attachment | Bombay HC (2024)

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2024:BHC-NAG:13416

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wp 833.24.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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Writ Petition No.833/2024 Executive Engineer C(C), EHV CCCM Division, Amravati V Nirmala and others

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Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

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- - - - ------------------------------Mr. M.P. Rajkondawar, Advocate for petitioner. Mr. N.R. Tekade, Advocate for respondent nos. 1 to 4. Mr. Ganesh Barange, Advocate for Caveator/respondent nos. 1 to 4. Mr. B.M. Lonare, AGP for respondent nos. 5 and 6.

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CORAM : N.R. Borkar, J. DATE : 06-12-2024.

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This petition takes exception to the order dated 17-01-2024 passed by the learned Joint Civil Judge Senior Division Darwha in L.R. Dakhast No.8/2023.

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ii. By the order impugned, the learned Executing Court has held that in terms of the order passed by the Hon'ble Supreme Court dated 31-12-2022, the respondents are entitled to additional amount of Rs. 1,43,18,209/- towards compensation and directed the petitioner to pay the said amount to them.

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iii. I have heard the learned Counsel for the petitioner and the learned Counsel for the contesting respondents.

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iv. The learned Counsel for the petitioner submits that the Executing Court while calculating the amount of compensation has awarded interest on interest. It is submitted

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2 wp 833.24.odt

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that the Executing Court discared the calculation memo submitted by the petitioner and by Special Land Acquisition Officer for no valid reasons.

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v. On the other hand, the learned Counsel for the respondent Nos.1 to 4 has supported the order impugned.

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vi. I have perused the impugned order. No finding is recorded in relation to calculation memo submitted by the Special Land Acquisition Officer. In that view of the matter, the impugned order will have to be set aside and the matter will have to be remitted back to the Executing Court. The order impugned is accordingly set aside and the matter is remitted back to the Executing Court for deciding it afresh.

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vii. The petitioner without prejudice to their rights shall deposit the amount of Rs.25 Lakhs with the Executing Court within a period of two weeks from today.

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viii. The Executing Court shall permit the petitioner to file additional reply to the execution application.

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ix. The Executing Court shall endeavour to pass the fresh order within a period of four weeks from the date of filing of the reply by the petitioner.

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x. The Executing Court shall pass appropriate order in

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respect of amount of Rs.25 Lakhs, while deciding the matter afresh.

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xi. The petition is disposed of in the aforesaid terms.

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( N.R. Borkar, J. )

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Deshmukh

Executive Engineer (C), Ehv Cccm Division, Amrawati v. Nirmala Wd/O Uttamrao Raut and Others

Case brief

What is this about?

What did the court decide?

Executive Engineer (C), Ehv Cccm Division, Amrawati v. Nirmala Wd/O Uttamrao Raut and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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