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Bombay High Court
Jagannath Narayan Jambhale Thr. P.O.A. ... vs The State Of Maharashtra, Through ... on 26 December, 2025
FA-968-2024
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
FIRST APPEAL NO.968 OF 2024
[Jagannath Narayan Jambhale ..Vs.. State of Maharashtra and Others]
______________________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's order
and Registrar's orders.
Shri P. L. Rathi, Advocate for Appellant.
Shri S. B. Bissa, AGP for Respondent/State.
Shri M. A. Kadu, Advocate for Respondent Nos.3 and 4.
CORAM : RAJ D. WAKODE, J.
DATE : 26th DECEMBER, 2025.
. Heard Shri. P. L. Rathi, learned counsel for appellant,
Shri. S. B. Bissa, learned Assistant Government Pleader for
respondent/State and Shri. M. A. Kadu, learned counsel for
respondent Nos.3 and 4.
2. The present appellant has approached this Court
seeking to challenge the judgment dated 16.02.2024 passed by
the learned Presiding Officer, Land Acquisition, Resettlement and
Rehabilitation Authority, Nagpur, in Land Acquisition Case
No.341/AMT/AKL/2019, whereby the compensation for the
acquired land was enhanced to Rs.18 lakhs per hectare.
3. Shri M. A. Kadu, learned counsel for respondent Nos.3
and 4, has pointed out that the respondent Nos.3 and 4, being
aggrieved by the said judgment, have also filed a cross-objection
in the present appeal bearing Stamp No.22308 of 2024, a copy of
which has already been served upon the counsel for the appellant.
He also pointed out that the respondent Nos.3 and 4/Cross-
Objector have filed Civil Application No.1426 of 2025 seeking
stay of the judgment on the ground that the Reference Court has
enhanced the compensation in an exorbitant manner, contrary to
settled principles of law.
FA-968-2024
4. Since the cross-objection was filed, the stay application
was pending. Respondent Nos.3 and 4 have not deposited the
enhanced amount. However, in the execution proceedings filed
by the appellant, the learned Executing Court, Civil Judge Senior
Division, Akot, has issued a show-cause notice to J.D. No.4 in the
original proceedings, i.e., respondent No.3 in the present appeal,
as to why he should not be arrested and detained in prison for
non-compliance of the order and for failing to deposit the
enhanced amount in favour of the present appellant.
5. Shri. Kadu, learned counsel, has submitted that the
respondent No.3 is ready to deposit the said amount as directed
in the execution proceedings bearing L.A. Dar. No.10/2024
(Jagannath vs. State and another). He seeks a period of twelve
weeks for depositing the aforesaid amount.
6. Shri Rathi, learned counsel for the appellant, strongly
opposes the aforesaid request; however, he concedes that the
amount may be directed to be deposited within a period of eight
weeks with this Court.
7. Accordingly, respondent No.3 - VIDC is directed to
deposit the enhanced amount within a period of eight weeks from
today with the Registry of this Court.
8. In view of the aforesaid, there shall be stay to the
execution proceedings bearing No. L.A. Dar. No.10 of 2024,
subject to the condition that if the entire amount of
compensation is not deposited within a period of eight weeks, the
landowner shall be at liberty to execute the decree.
JUDGE
Tambe.
Signed by: Mr. Ashish Tambe
Designation: PA To Honourable Judge
Date: 26/12/2025 20:56:25
