Bombay High Court
Executive Engineer Kukadi Vitaran ... vs Vitthal Govind Dhere And Ors on 2 May, 2024
1 12-CA.4326-24 & ors.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
12 CIVIL APPLICATION NO. 4326 OF 2024
IN FAST/5839/2024
THE EXECUTIVE ENGINEER KUKADI PRAKALP VIBHAG
SHRIGONDA NOW THE EXECUTIVE ENGINEER KUKADI
VITARAN BANDHKAM VIBHAG KOLWADI
VERSUS
PRABHAVATI SHANKAR BHAPKAR DECEASED THROUGH LRS
WITH CIVIL APPLICATION NO. 4330 OF 2024 IN FAST/5731/2024
WITH CIVIL APPLICATION NO. 4331 OF 2024 IN FAST/5731/2024
WITH CIVIL APPLICATION NO. 4328 OF 2024 IN FAST/5835/2024
WITH CIVIL APPLICATION NO. 4329 OF 2024 IN FAST/5835/2024
WITH CIVIL APPLICATION NO. 4327 OF 2024 IN FAST/5839/2024
WITH CIVIL APPLICATION NO. 4336 OF 2024 IN FAST/5843/2024
WITH CIVIL APPLICATION NO. 4337 OF 2024 IN FAST/5843/2024
WITH CIVIL APPLICATION NO. 4338 OF 2024 IN FAST/5846/2024
WITH CIVIL APPLICATION NO. 4339 OF 2024 IN FAST/5846/2024
WITH CIVIL APPLICATION NO. 4332 OF 2024 IN FAST/5850/2024
WITH CIVIL APPLICATION NO. 4333 OF 2024 IN FAST/5850/2024
WITH CIVIL APPLICATION NO. 4334 OF 2024 IN FAST/5861/2024
WITH CIVIL APPLICATION NO. 4335 OF 2024 IN FAST/5861/2024
WITH CIVIL APPLICATION NO. 4340 OF 2024 IN FAST/5865/2024
WITH CIVIL APPLICATION NO. 4341 OF 2024 IN FAST/5865/2024
WITH CIVIL APPLICATION NO. 4342 OF 2024 IN FAST/5868/2024
WITH CIVIL APPLICATION NO. 4343 OF 2024 IN FAST/5868/2024
WITH CIVIL APPLICATION NO. 4344 OF 2024 IN FAST/5880/2024
WITH CIVIL APPLICATION NO. 4345 OF 2024 IN FAST/5880/2024
WITH CIVIL APPLICATION NO. 4346 OF 2024 IN FAST/5891/2024
WITH CIVIL APPLICATION NO. 4347 OF 2024 IN FAST/5891/2024
WITH CIVIL APPLICATION NO. 4350 OF 2024 IN FAST/5894/2024
WITH CIVIL APPLICATION NO. 4351 OF 2024 IN FAST/5894/2024
WITH CIVIL APPLICATION NO. 4352 OF 2024 IN FAST/5897/2024
WITH CIVIL APPLICATION NO. 4354 OF 2024 IN FAST/5897/2024
WITH CIVIL APPLICATION NO. 4355 OF 2024 IN FAST/5900/2024
WITH CIVIL APPLICATION NO. 4356 OF 2024 IN FAST/5900/2024
WITH CIVIL APPLICATION NO. 4358 OF 2024 IN FAST/5903/2024
WITH CIVIL APPLICATION NO. 4360 OF 2024 IN FAST/5903/2024
WITH CIVIL APPLICATION NO. 4361 OF 2024 IN FAST/5948/2024
WITH CIVIL APPLICATION NO. 4362 OF 2024 IN FAST/5948/2024
WITH CIVIL APPLICATION NO. 4363 OF 2024 IN FAST/5951/2024
WITH CIVIL APPLICATION NO. 4364 OF 2024 IN FAST/5951/2024
WITH CIVIL APPLICATION NO. 4365 OF 2024 IN FAST/5954/2024
WITH CIVIL APPLICATION NO. 4366 OF 2024 IN FAST/5954/2024
WITH CIVIL APPLICATION NO. 4367 OF 2024 IN FAST/5957/2024
2 12-CA.4326-24 & ors.odt
WITH CIVIL APPLICATION NO. 4368 OF 2024 IN FAST/5957/2024
WITH CIVIL APPLICATION NO. 4369 OF 2024 IN FAST/5960/2024
WITH CIVIL APPLICATION NO. 4370 OF 2024 IN FAST/5960/2024
WITH CIVIL APPLICATION NO. 4371 OF 2024 IN FAST/6007/2024
WITH CIVIL APPLICATION NO. 4372 OF 2024 IN FAST/6007/2024
WITH CIVIL APPLICATION NO. 4381 OF 2024 IN FAST/6010/2024
WITH CIVIL APPLICATION NO. 4383 OF 2024 IN FAST/6010/2024
WITH CIVIL APPLICATION NO. 4379 OF 2024 IN FAST/6013/2024
WITH CIVIL APPLICATION NO. 4380 OF 2024 IN FAST/6013/2024
WITH CIVIL APPLICATION NO. 4373 OF 2024 IN FAST/6016/2024
WITH CIVIL APPLICATION NO. 4374 OF 2024 IN FAST/6016/2024
WITH CIVIL APPLICATION NO. 4375 OF 2024 IN FAST/6019/2024
WITH CIVIL APPLICATION NO. 4377 OF 2024 IN FAST/6019/2024
...
Advocate for Applicant : Mr. Shelke Avishkar S.
AGP for Respondents-State : Mrs. M. L. Sangit.
Advocate for Respondents/Claimants : Mr. M. S. Deshmukh.
...
CORAM : S. G. MEHARE, J.
DATE : 02.05.2024
PER COURT :-
1. Heard the learned counsel for the appellants/applicants.
2. Issue notice to the respondents.
3. Learned AGP waives service of notice for respondents-
State Authorities.
4. Learned counsel Mr. Deshmukh has instructions to
appear for the respondents/claimants.
3 12-CA.4326-24 & ors.odt
5. Learned counsel for the applicants submits that the Land
Acquisition Officer determined the value of the land for
Rs.3330 per Are. However, the reference Court enhanced it to
more than Rs.37000/- per Are and applied multiplied of two.
The multiplier of two is applied to lands which are situated
within the municipal limits. Therefore, the compensation has
been doubled. Apart from that, the learned Reference Court
instead of average sale instances for preceding three years
considered a single sale instance. Therefore, also the
compensation has been exaggerated. In such circumstances,
the appellant may not be directed to deposit the entire amount
as per the impugned judgment and award.
6. Learned counsel Mr. Deshmukh appearing for
respondents/claimants seeks time to take the instructions. .
Time granted as prayed.
7. In the meantime, there shall be interim stay to the
impugned judgment and award till the next date on the
condition to deposit 50% of the amount with interest as per the
impugned judgment and award within twelve (12) weeks from
today.
4 12-CA.4326-24 & ors.odt
8. It is made clear that the opponents have right to dispute
the order directing the applicant to deposit 50% of the amount
by filing of reply or hearing the stay application on merits.
9. Stand over to 24.07.2024.
(S. G. MEHARE, J.)
...
vmk/-
