The State Of Maharashtra (Thr. The ... vs Rajaram Gangaram Gharat Since ...
2021 Latest Caselaw 4203 Bom

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Trusha T.
                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Mohite                            CIVIL APPELLATE SIDE JURISDICTION
Digitally signed by
Trusha T. Mohite
Date: 2021.03.10
12:20:29 +0530
                                     INTERIM APPLICATION NO.556 OF 2021
                                                      IN
                                      FIRST APPEAL (ST.) NO.24974 OF 2019


                      The State of Maharashtra (Through
                      The Special Land Acquisition Offcer
                      and Anr.)                                 ..... Applicants

                               Vs.

                      Rajaram Gangaram Gharat since
                      deceased Thr. Lrs. Lahu
                      Rajaram Gharat and Ors.                   ..... Respondents



                      Mr.A.R.Patil,      Additional   Government   Pleader      for   the
                      Applicants

                      Mr.A.L.Gore for the Respondent nos.1 to 6

                      Mr.Sanjay Ghaisas for the Respondent no.7

                      Mr.G.S.Hegde for CIDCO



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

                                                DATED :    MARCH 8, 2021
                      P.C.

                      .        When the mater was called out, no one appeared on

behalf of Applicant. Hence, Interim Application is dismissed for non-prosecution.

2. Later on, the learned A.G.P. for the Applicant

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appeared. Hence, matter is taken on board again for hearing on its own merits.

3. Heard.

4. By this Interim Application, Applicant State of Maharashtra is seeking extention of time to comply the order dated 12.03.2020 passed by this Court in Civil Application NO.271 of 2020.

5. In the present proceedings, Applicant acquired the Respondent's land and thereafter, passed the award. That was challenged by the Respondents original claimants before the Reference Court being Reference No.682 of 2000. The Reference Court by its judgment and award dated 14.01.2019 awarded compensation in respect of acquired land to the tune of RS.2,18,08,008/-. Thereafter, the Applicant preferred the present First Appeal. This Court by order dated 12.03.2020 in Civil Application No.271 of 2020 directed Applicant to deposit entire amount on or before 01.06.2020.

6. The learned A.G.P. for the Applicant submits that it remained on their part to comply the said order within time. He submits that he received instructions from his client that they are ready and willing to deposit entire amount on or before 12.03.2021. Statement is accepted. In view of these facts, the following order is passed:

a.       Applicant is permitted to deposit entire awarded

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                                               16 ia556-21.odt

amount along with interest and cost, if any, in the Reference Court on or before 12.03.2021 as per earlier order dated 12.03.2020 in Civil Application No.271 of 2020.

b. If amount is deposited within time, then interim protection granted by this Court by order dated 12.03.2020 to continue.

c. If amount is not deposited within time, Reference Court can take appropriate steps as per the order dated 11.02.2021 passed in Special Darkhast No.68 of 2019.

d. Claimants are directed to make appropriate Application for withdrawal of the said amount if amount is deposited within time and that will be decided on its own merits.

e. Civil Application stands disposed of accordingly.

f.       No order as to costs.




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




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