Maharashtra State Road ... vs Mr. Kashinath Dagdu Shedge And Ors
2021 Latest Caselaw 1495 Bom

                                                                  28 caf419-20.odt


                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CIVIL APPELLATE JURISDICTION
Trusha T.
Mohite                              CIVIL APPLICATION NO.419 OF 2020
Digitally signed by                                IN
Trusha T. Mohite
Date: 2021.01.27
                                      FIRST APPEAL NO.614 OF 2020
14:38:17 +0530


                      Maharashtra State Road Development
                      Corporation Ltd.                                 .. Applicant

                      In the matter between

                      Maharashtra State Road Development
                      Corporation Ltd.                                 .. Appellant

                      vs.
                      Kashinath Dagdu Shedage & Ors.                   .. Respondents

                                                      .....

                      Mr.Girish Godbole along with Mr.J.Kapadia and Mr.Fozan
                      Lakdawala i/b M/s.Little and Co. for the Applicant

                      Mr.Nitin V. Gangal for the Respondent nos.1A to 1C

                      Mr.A.R.Patil, Addl.G.P. for the State

                      Mr.Gajanan M. Savagave for the Respondent nos.4 to 9

                                                      .....

                                               CORAM: K.K.TATED &
                                                       R.I.CHAGLA, JJ.

DATED : JANUARY 21, 2021 P.C.

. Heard.

2. By this Civil Application, Applicant Maharashtra State Road Development

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Corporation Ltd. is seeking stay of the operation and implementation of the impugned judgment and award dated 06.10.2017 passed by learned Civil Judge, Senior Division, Alibag at Raigad in L.A.R. No.1413 of 2000

3. The learned counsel for the Applicant submits that in the present proceedings Special Land Acquisition Offcer awarded sum of Rs.5,09,623/- to the Respondent original claimant towards market value of the acquired land.

4. Being aggrieved by the said award, claimants preferred reference under section 18 of the Land Acquisition Act. Reference Court awarded sum of Rs.1,29,75,392/- along with statutory beneft i.e. 30% solatium and 12% additional component. He submits that compensation awarded by the reference Court is on higher side. Hence, they preferred the present Civil Application. He submits that they already deposited entire amount in Reference Court by cheque dated 09.05.2019 drawn on State Bank of India of Rs.4,60,33,983/-.

5. The learned counsel for the Applicant submits that in the present proceeding, Respondent original claimant already fled Special Darkhast No.2 of 2018 for recovery of entire amount. He submits that if entire amount is withdrawn by the Respondent claimant then nothing will survive in the present proceeding. Hence, in the interest of justice, this Hon'ble Court be pleased to allow the present Civil Application.

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6.       On the other hand, the       learned counsel for the

Respondent claimant submits that they also fled First Appeal No.614 of 2020 for additional compensation. He submits that they also preferred Civil Application No.2882 of 2019 for withdrawing the amount deposited by the Applicant to the extent of 4,60,33,983/-. He submits that claimants already lost their land before several years.

7. Considering the submissions made by the learned counsel for the Applicant and as Reference Court awarded compensation on higher side, we are satisfed that the Applicant has made out a case for allowing the Civil Application.

8. It is to be noted that Respondent claimant also preferred Civil Application no.2882 of 2019 in First Appeal No.614 of 2020 for withdrawal of the amount. That will be decided on its own merits. Hence, the following order is passed:

A. Civil Application is allowed in terms of prayer clause

(a) which reads thus:

"(a) This Hon'ble Court may be pleased to allow this Civil Application and pending hearing and fnal disposal of the present Application, grant stay stay to the execution and/or operation and / or effect of the impugned Judgment and Decree dated 06.10.2017 passed by the Ld. Civil Judge, Senior Division, Alibag in Land Acquisition Reference No.1413 of 2000 (Old Reference No.162 of 1999)."

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B.       Reference Court is directed to invest the entire

amount in fxed deposit of any nationalised bank, initially for a period of one year and same to be continued till further order.

C. Civil Application No.2882 of 2019 in First Appeal preferred by original claimant be decided on its own merits.

D. Civil Application stands disposed of accordingly.

E.       No order as to costs.




(R.I.CHAGLA, J.)                            (K.K.TATED, J.)




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