The Ex. Engineer, Irri. Proj. ... vs Haridas Vishwanath Zambare
2021 Latest Caselaw 14786 Bom

                                                           906(b)-ca-9647-2021+.odt




             IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                        BENCH AT AURANGABAD

                      CIVIL APPLICATION NO.9647 OF 2021
                              IN FAST/10471/2021

 The Executive Engineer,
 Irrigation Project Strengthening Division
 Omerga and others                                     ... Applicants
        Versus
 Haridas Vishwanath Zambare                            ... Respondents

                                   AND
                   CA/9649/2021 IN FAST/10571/2021
                   CA/9651/2021 IN FAST/10585/2021
                   CA/9653/2021 IN FAST/10575/2021
                   CA/9655/2021 IN FAST/10567/2021
                   CA/9657/2021 IN FAST/10564/2021
                   CA/9659/2021 IN FAST/10578/2021
                   CA/9661/2021 IN FAST/10582/2021
                                    ....
 Mr. R. A. Tambe, Advocate for applicants
 Mr. L. C. Patil, Advocate for respondents-claimants
                                    ....

                                   CORAM : R. G. AVACHAT, J.

DATED : 08th OCTOBER, 2021

PER COURT :-

. Heard.

2. Issue notice to the respondents - claimants, returnable

after twelve (12) weeks.

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                                          (( 2 ))             906(b)-ca-9647-2021+

3. It is submitted by the learned Advocate for the applicant-

appellant that the increase or enhancement is manifold i.e. from

Rs.245/- to Rs.5,000/- per Are for irrigated land and Rs.3,000/- per

Are for unirrigated land. Moreover, interest has been awarded in

breach of the Full Bench judgment of this Court in the case of State

of Maharashtra v. Kailash Shiva Rangari - AIR 2016 BOMBAY 141.

The difference of interest is of five years. The sale instance relied

upon pertaining to the land sold in Gunthas and not in Acerage.

4. Learned Advocate for the respondents - claimants would

submit that this Court in connected matters has directed to deposit

entire amount under the impugned award. It appears that the

submissions made by the learned Advocate here had not been made

while that order was passed. Hence, for the present on depositing

75% of the amount under the impugned award within a period of

twelve (12) weeks from today, execution thereof to stand stayed,

pending the appeals.

[ R. G. AVACHAT, J. ]

SMS

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