Bombay High Court
Maha. Airport Development Co. Ltd., ... vs M/S. Suretech Hospital And Research ... on 22 December, 2023
Bench: Vinay Joshi, M. W. Chandwani
1 39-FA No.1260.2023
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
FIRST APPEAL NO. 1260 OF 2023
Maharashtra Airport Development Company, Ltd., through its Vice Chairman and
Managing Director, Mumbai and another
..VS..
M/s. Suretech Hospital and Research Center Limited through its Chairman-cum-
Managing Director Dr. Shri Rajendra S/o Ganpatrao Deshmukh and Others
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Mr. S.Y. Deopujari, Advocate for appellants.
Mrs. Mrunal Naik, AGP for respondent Nos.2 and 3.
CORAM : VINAY JOSHI AND
M.W. CHANDWANI, JJ.
DATED : 22nd DECEMBER, 2023
Heard.
2. Issue notice to the respondents, returnable after
four weeks.
3. Mrs. Mrunal Naik, learned AGP waives service of
notice for respondent Nos.2 and 3.
CIVIL APPLICATION (CAF) NO. 3878 OF 2023.
1. Heard.
2. This is an application seeking stay to the execution
of impugned Judgment and Award dated 15.07.2023
passed in Land Acquisition Case No.339/2014.
3. The appellants Acquiring Body has seriously
objected the legality of impugned judgment by raising
several grounds. It is submitted that the claimant has
purchased certain piece of land which was declared to be
surplus land under the provisions of the Urban Land
(Ceiling and Regulation) Act 1976. The claimant has
prepared a Scheme and got exemption under Section 20
of the Urban Land (Ceiling and Regulation) Act, but has
not implemented the scheme. In the meantime, the said
land was acquired for Mihan Project. It is the appellant's
contention that since it was a land falling under Urban
Land (Ceiling and Regulation) Act, due to non
implementation of Scheme, the claimant cannot get
compensation as per market rate.
4. Secondly, it is argued that the reference Court has
granted too excessive compensation which is almost five
time more than the compensation fixed by Land
Acquisition Officer. It is submitted that the Land
Acquisition Officer has considered various sale-deeds in
the periphery, however, the reference Court by relying on
isolated sale-deed pertaining to township has granted
excessive compensation.
5. It is submitted that already execution has been
filed, in which, attachment warrant has been issued
against the Collector.
6. Having regard to above facts, and considering the
urgency expressed, we are passing the following interim
order with the understanding that on an appearance of
other side, it will be decided on merits.
(i) The execution and implementation of the
impugned Judgment and Award dated 15.07.2023
passed in Land Acquisition Case No.339/2014 shall
stand stayed on appellants depositing 50% of the
amount as directed by the reference Court within a
period of six weeks from today in this Court.
(ii) Needless to say that if any amount paid to the
claimant, that shall be considered while calculating
50% of the amount.
Steno copy of order be supplied to the learned
Counsel for the parties.
(M.W. CHANDWANI, J.) (VINAY JOSHI, J.)
Kirtak
Signed by: Mr. B.J. Kirtak
Designation: PA To Honourable Judge
Date: 22/12/2023 15:49:45
