Bombay High Court
The M.K.V.D.C., Through, ... vs Bhagwan S/O Uttam Shekade And ... on 4 February, 2021
Bench: V.L. Achliya
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
923 CIVIL APPLICATION NO. 1734 OF 2021
IN FAST NO. 2677/2021
THE M.K.V.D.C., THROUGH, EXECUTIVE ENGINEER, MEDIUM
PROJECT, OSMANABAD AND ANOTHER
VERSUS
BHAGWAN S/O UTTAM SHEKADE AND OTHERS
WITH
CA/1737/2021 IN FAST/2841/2021
CA/1739/2021 IN FAST/2838/2021
CA/1742/2021 IN FAST/2835/2021
AND
934 CIVIL APPLICATION NO. 1684 OF 2021
IN FAST/2505/2021
WITH
CA/1680/2021 IN FAST/2520/2021
CA/1682/2021 IN FAST/2523/2021
AND
925 CIVIL APPLICATION NO. 1778 OF 2021
IN FAST/2537/2021
WITH
CA/1780/2021 IN FAST/2496/2021
CA/1782/2021 IN FAST/2542/2021
CA/1784/2021 IN FAST/2548/2021
AND
926 CIVIL APPLICATION NO. 1797 OF 2021
IN FAST/2527/2021
WITH
CA/1800/2021 IN FAST/2533/2021
CA/1802/2021 IN FAST/2530/2021
CA/1804/2021 IN FAST/2509/2021
AND
927 CIVIL APPLICATION NO. 1816 OF 2021
IN FAST/2930/2021
WITH
CA/1819/2021 IN FAST/2911/2021
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CA/1823/2021 IN FAST/2919/2021
CA/1826/2021 IN FAST/2763/2021
CA/1829/2021 IN FAST/2925/2021
AND
928 CIVIL APPLICATION NO. 1832 OF 2021
IN FAST/2463/2021
WITH
CA/1836/2021 IN FAST/2558/2021
CA/1839/2021 IN FAST/2555/2021
CA/1842/2021 IN FAST/2560/2021
CA/1845/2021 IN FAST/2564/2021
AND
929 CIVIL APPLICATION NO. 1848 OF 2021
IN FAST/2820/2021
WITH
CA/1850/2021 IN FAST/2824/2021
CA/1852/2021 IN FAST/2814/2021
CA/1855/2021 IN FAST/2652/2021
CA/1857/2021 IN FAST/2829/2021
AND
930 CIVIL APPLICATION NO. 1868 OF 2021
IN FAST/2782/2021
WITH
CA/1870/2021 IN FAST/2954/2021
CA/1872/2021 IN FAST/2961/2021
CA/1874/2021 IN FAST/2966/2021
AND
931 CIVIL APPLICATION NO. 1900 OF 2021
IN FAST/2855/2021
WITH
CA/1902/2021 IN FAST/2851/2021
CA/1906/2021 IN FAST/2861/2021
CA/1905/2021 IN FAST/2644/2021
CA/1909/2021 IN FAST/2866/2021
Mr. Anil M. Gaikwad, Advocate for the applicants
Mr. Shashikant Shekade, Advocate for the respondents in respective
applications
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CORAM : V. L. ACHLIYA, J.
DATE : 04-02-2021
P. C.
. The applicants have moved these application seeking
stay to the execution of award under challenge in respective
appeals for the reasons set out in detail in the applications and the
challenges raised to award passed by the Reference Court.
2. In brief, it is the contention of the learned counsel for
the applicants that the judgment and order passed by the reference
court under challenge are perverse and unsustainable in law. It is
submitted that the claimants have adduced no evidence to support
the enhancement of compensation. It is submitted that the Special
Land Acquisition Officer has awarded the compensation @ Rs. 450/-
per R which has been enhanced to Rs. 2158/- per R on the basis of
award passed in the LAR No. 359 of 2012 before the Lok-Adalat to
which the appellant was not party. The compromise award was
passed in absence of respondent No. 2 though party to reference.
The appellant-acquiring body has challenged the said award passed
in LAR No. 359/2012 by the Reference Court and writ petition is
pending for consideration before this court. It is further submitted
that though the Reference Court found the report of expert
examined in the case as to valuation of the trees worth to be relied
still enhanced the compensation. The interest payable under
Section 28 of the Land Acquisition Act has been awarded from the
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date of possession which is contrary to the full bench decision of
this court in the case of State of Maharashtra Vs Kailash Shiva
Rangari reported in 2016(3) Mh.L.J.457. In this background the
learned counsel argued that the appellants have good case to
succeed in appeals. If the execution of decree under challenge are
not stayed then very purpose of filing of appeals would be
frustrated.
3. Considering the submissions advanced, I am of the view
that there is a case to be considered in appeal. Hence the following
order:
ORDER
i. Issue notice to the respondents in respective
applications, returnable on 19-04-2021.
ii. Mr. Shashikant Shekade, Advocate appears and
waives service of notice for the respondents in
respective applications and seeks time.
iii. List the applications for hearing on 19-04-2021.
iv. Liberty to file the reply before the due date.
v. In the meantime there shall be ad-interim order in
terms of prayer clause (A) in respective applications
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subject to deposit of amount to the extent of 50% of
award passed in respective appeals. The amount shall
be deposited on or before 19-04-2021. Failure to
deposit amount on or before 19-04-2021, there will be
no continuation of order unless the time extended
before due date to deposit the amount.
[ V. L. ACHLIYA, J. ]
VishalK/ca1734.21
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