Executive Engineer, Buldhana ... vs Radha Kisan Nathmal Jaju And ...
2021 Latest Caselaw 10515 Bom

                                              1                             46 caf1491.21.odt

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        NAGPUR BENCH, NAGPUR.

               CIVIL APPLICATION (CAF) NO. 1491 OF 2021 IN
                  FIRST APPEAL STAMP NO. 12190 OF 2020
     The Executive Engineer, Buldana Irrigation Division, Buldana, Dist. Buldana
                                       Vs.
 Radha Kisan Nathmal Jaju (dead) through his LRs Rohitkumar Rajesh Jaju and others
_______________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions             Court's or Judge's orders.
and Registrar's Orders.
                  Shri U.A. Gosavi, Advocate for applicant.
                  Shri A.R. Chutke, A.G.P. for non-applicant Nos.2 and 3.


                                 CORAM : PUSHPA V. GANEDIWALA, J.

DATE : 6th AUGUST, 2021.

Heard.

2. This is an application for condonation of delay in filing the appeal.

3. Issue notice to the non-applicants, returnable in four weeks.

4. Shri A.R. Chutke, learned A.G.P. waives service of notice on behalf of non-applicant nos.2 and 3.

CIVIL APPLICATION (F) NO. 1492 OF 2021

1. This is an application under Order 41 Rule 5 of Code of Civil Procedure for grant of stay.

                  2.             The    learned     counsel      for     applicant/apellant





                                   2                     46 caf1491.21.odt

submitted that after deduction of the compensation paid earlier to the claimant, the appellant is liable to pay an amount of Rs.1,46,17,241/-. Learned counsel for appellant submits that appellant is ready to deposit entire enhanced compensation amount with the Registry of this Court within a period of 10 days.

3. Considering the submission, there shall be ad interim stay to the execution and operation of judgment and decree dated 07.11.2019 in Land Acquisition Case No. 298/ AMT/BLD/2011 passed by learned Presiding Officer, Tribunal constituted under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, until further orders, subject to deposit of enhanced compensation amount with the Registry of this Court.

JUDGE Wagh