906(b)-ca-9647-2021+.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO.9647 OF 2021
IN FAST/10471/2021
The Executive Engineer,
Irrigation Project Strengthening Division
Omerga and others ... Applicants
Versus
Haridas Vishwanath Zambare ... Respondents
AND
CA/9649/2021 IN FAST/10571/2021
CA/9651/2021 IN FAST/10585/2021
CA/9653/2021 IN FAST/10575/2021
CA/9655/2021 IN FAST/10567/2021
CA/9657/2021 IN FAST/10564/2021
CA/9659/2021 IN FAST/10578/2021
CA/9661/2021 IN FAST/10582/2021
....
Mr. R. A. Tambe, Advocate for applicants
Mr. L. C. Patil, Advocate for respondents-claimants
....
CORAM : R. G. AVACHAT, J.
DATED : 08th OCTOBER, 2021 PER COURT :-
. Heard.
2. Issue notice to the respondents - claimants, returnable after twelve (12) weeks.
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3. It is submitted by the learned Advocate for the applicant- appellant that the increase or enhancement is manifold i.e. from Rs.245/- to Rs.5,000/- per Are for irrigated land and Rs.3,000/- per Are for unirrigated land. Moreover, interest has been awarded in breach of the Full Bench judgment of this Court in the case of State of Maharashtra v. Kailash Shiva Rangari - AIR 2016 BOMBAY 141. The difference of interest is of five years. The sale instance relied upon pertaining to the land sold in Gunthas and not in Acerage.
4. Learned Advocate for the respondents - claimants would submit that this Court in connected matters has directed to deposit entire amount under the impugned award. It appears that the submissions made by the learned Advocate here had not been made while that order was passed. Hence, for the present on depositing 75% of the amount under the impugned award within a period of twelve (12) weeks from today, execution thereof to stand stayed, pending the appeals.
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