Bhangi Puna Vanjari vs Tapi Irrigation Development ...
2024 Latest Caselaw 24237 Bom

Bombay High Court

Bhangi Puna Vanjari vs Tapi Irrigation Development ... on 16 August, 2024

Author: R. G. Avachat

Bench: R. G. Avachat

                               1                   940CA2873.2024.odt

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

              940 CIVIL APPLICATION NO. 2873 OF 2024
                           IN FA/379/2021

                         Bhangi Puna Vanjari
                               VERSUS
Tapi Irrigation Development Corporation Jalgaon Thr The Ex. Engineer,
                      M.i.w Div. Jalgaon And Ors

                                    ...
            Mr. Vijay Bhalerao Patil - Advocate for Applicant
      Mr. V. K. Kotecha - AGP for Respondent Nos. 2 and 3 / State
         Mr. Sandesh R. Patil - Advocate for Respondent No. 1
                                    ...

                             WITH
       CIVIL APPLICATION NO. 2875 OF 2024 IN FA/381/2021
       CIVIL APPLICATION NO. 2876 OF 2024 IN FA/380/2021
       CIVIL APPLICATION NO. 1620 OF 2024 IN FA/382/2021
       CIVIL APPLICATION NO. 1617 OF 2024 IN FA/381/2021
       CIVIL APPLICATION NO. 2877 OF 2024 IN FA/382/2021
       CIVIL APPLICATION NO. 3714 OF 2021 IN FA/382/2021
       CIVIL APPLICATION NO. 3709 OF 2021 IN FA/380/2021
       CIVIL APPLICATION NO. 3712 OF 2021 IN FA/381/2021
       CIVIL APPLICATION NO. 3705 OF 2021 IN FA/379/2021
       CIVIL APPLICATION NO. 1618 OF 2024 IN FA/380/2021
       CIVIL APPLICATION NO. 1619 OF 2024 IN FA/379/2021
                               ...

                               CORAM :      R. G. AVACHAT
                                                   AND
                                            NEERAJ P. DHOTE, JJ.

                               DATED :      16TH AUGUST, 2024

PER COURT : -

1. Learned advocate for the Acquiring Body seeks time to

deposit 40% of the amount awarded by the learned Reference Court, as

directed by this Court vide order dated 17 th March, 2021, which reads as 2 940CA2873.2024.odt under : -

". Heard Ms Chaitali Choudhary-Kutti, learned Counsel for the appellant and Mr V.B. Patil, learned Counsel, who has entered appearance for respondent no.1/claimant.

2. Let this First Appeal be admitted. Original record be called for.

3. After hearing learned Counsel for the parties and on going through the judgment and award dated 08-07-2020, passed in L.A.R. No.34 of 2011, we direct stay of execution of the same, subject to appellant depositing 40% of the awarded amount of compensation in the Registry of this Court within twelve weeks from today, failing which the stay order would automatically stand vacated. Upon such deposit being made, it would be open to respondent no.1/claimant to seek release of the deposited amount upon due verification."

2. It is a matter of record that, Respondent No. 2 sought time

on many occasions to comply with the aforesaid order, however, it has

failed to do so.

3. It is informed by the learned advocate for the

Applicants/Claimants that, in similar matters, the Acquiring Body has

deposited the entire amount.

3 940CA2873.2024.odt

4. In view of the above, the Claimants are at liberty to take

steps for executing the Award before the appropriate Court.

                              [NEERAJ P. DHOTE]                                [R. G. AVACHAT]
                                   JUDGE                                            JUDGE




                             SG Punde




Signed by: Sandeep Gulabrao Punde

Designation: PS To Honourable Judge Date: 17/08/2024 11:33:19