Executive Engineer, Kadwa Canal Project, Nashik v. Somnath Bhimrao Kandekar and Anr.
Case brief
What is this about?
Condonation of delay; First Appeal (ST) No. 7462 of 2025; Bombay High Court; Gauri Godse J.; Executive Engineer Kadwa Canal Project Nashik Division; Somnath Bhimrao Kandekar; Land Acquisition Reference; enhancement of compensation; impugned award; stay of execution; Interim Application No. 8078 of 2025; Interim Application No. 8079 of 2025; prayer clause (b); deposit of entire amount within twelve weeks; ad-interim stay; executing court; 50% withdrawal on undertaking; remaining 50% on bank guarantee; appeal admitted; records and proceedings called for; private paper book within one year; office objections within eight weeks.
What did the court decide?
Delay in filing the first appeal condoned and Interim Application No. 8078 of 2025 allowed in terms of prayer clause (b); First Appeal (ST) No. 7462 of 2025 admitted, service waived by respondents' advocates, records and proceedings called for, printing dispensed with, private paper book to be filed within one year and office objections to be removed within eight weeks; Interim Application No. 8079 of 2025 allowed — interim stay of execution of the impugned award subject to deposit of the entire amount as per the impugned order within twelve weeks, failing which the claimants may execute the impugned order; upon deposit, claimants may withdraw 50% on usual undertaking and the remaining 50% on furnishing bank guarantee to the satisfaction of the executing court. The appeal itself was not finally decided.