The Executive Engineer, Lift ... vs Anandibai Shridhar Magar And Ors
2024 Latest Caselaw 6518 Bom

Bombay High Court

The Executive Engineer, Lift ... vs Anandibai Shridhar Magar And Ors on 1 March, 2024

                              1              908-CA.13673-23 & ors.odt


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   BENCH AT AURANGABAD

          908 CIVIL APPLICATION NO. 13673 OF 2023
                       IN FA/876/2023
           ANANDIBAI SHRIDHAR MAGAR AND ORS
                           VERSUS
     THE EXE. ENGINEER, MED. PRO. DIV., OSMANABAD AND
                            ANR

     WITH CIVIL APPLICATION NO. 13672 OF 2023 IN
FA/876/2023 WITH CIVIL APPLICATION NO. 1192 OF 2012 IN
FA/876/2023 WITH CIVIL APPLICATION NO. 1252 OF 2023 IN
                     FA/876/2023

                                .....
     Advocate for Applicants : Mr. Tripathi Manish Purushottam.
          AGP for Respondents-State : Mrs. R. R. Tandale.
       Advocate for Respondent No.1 : Mr. R. B. Deshmukh.
                                .....

                            CORAM :     S. G. MEHARE, J.
                            DATE :      01.03.2024

PER COURT :-


1.       Heard the respective learned counsels for the parties.


2.       Learned counsel for the applicants submits that in view

of the Government Resolutions, dated 03.11.2016 and

23.02.2017, there should be no appeal, for the reasons that the

award is not more than four times of the assessment done by

the Land Acquisition Officer.


3.       The appellant is the master of this case. The appellant is

the Government Controlled Authority. They have to make
                                2                908-CA.13673-23 & ors.odt


statement whether the appeal could be continued though the

impugned judgment and award is for less than four times

compensation determined by the Land Acquisition Officer.


4.      Learned counsel for the appellant seeks time to take the

instructions and comply with the mandatory provisions.

However, prima facie it appears that the Government has taken

a conscious decision not to impugn the award which are up to

the four times of the award of the land acquisition. In view of

the matter, the following order is passed :

                              ORDER

(i) The applications are partly allowed.

(ii) The applicants are allowed to withdraw entire amount deposited with this Court with accrued interest. The amount shall be apportioned equally between the applicants. However, as a caution note the applicants are directed to furnish an undertaking that they would deposit the amount if the impugned judgment and award is reversed in case the appeal is continued.

(iii) Civil Application No.13672 of 2023 for depositing the amount stands disposed of accordingly.

(S. G. MEHARE, J.) ...

vmk/-