The Ex. Engineer, Irrigation ... vs Vitthal Kondiba Lokhande (Died) ...
2021 Latest Caselaw 301 Bom

                                        -1-

     IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                  BENCH AT AURANGABAD

                   927 CIVIL APPLICATION NO.181 OF 2021

      THE EX. ENGINEER, IRRIGATION MEDIUM, OSMANABAD
                           VERSUS
 VITTHAL KONDIBA LOKHANDE (DIED) THR LRS RATNABA AND ORS

                               ...
         Advocate for Applicant : Shri Kulkarni Mukul S.
 Advocate for Respondent No. 1 : Shri L.C.Patil ( Original Claimant)
         AGP for Respondent Nos 2 & 3 : Shri S.J. Salgare
                               ...

                                      CORAM : M. G. SEWLIKAR, J.

                                      DATE      : 06th JANUARY, 2021.
PER COURT :

1. Heard Shri Kulkarni, learned counsel for the applicant.

2. Issue notice to the respondents, returnable after twelve weeks.

3. Advocate Shri L.C. Patil, appeared suo-moto for Original Claimant/ respondent No. 1.

4. Learned AGP waives service of notice for respondent Nos. 2 and 3 & Shri L.C. Patil, learned counsel waives service of notice for respondent No. 1.

5. Shri Kulkarni, learned counsel for applicant submits that the learned Reference Court has not accepted the report of valuation and still has granted 90% of the amount of

compensation. He submits that he is ready to deposit 70% of the amount of compensation.

6. In view of the aforesaid submission, the judgment and award dated 02/05/2015 passed by the learned Reference Court, Osmanabad, District Osmanabad in Land Acquisition References No. 531 of 2013, is stayed till the disposal of the appeal, subject to depositing of entire amount of compensation by the applicant in this Court, along with accrued interest thereon within a period of twelve weeks from today.

7. Failure to do so, shall entail the vacation of stay granted without back reference to this Court.

( M. G. SEWLIKAR ) JUDGE mahajansb/