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Bombay High Court
Faridullahkhan Ataullahkhan Thr. ... vs The State Of Maharashtra, Through ... on 26 December, 2025
921 FA-953-2024
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
FIRST APPEAL NO.953 OF 2024
[Faridullahkhan Ataullahkhan and Others ..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 Appellants.
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 appellants,
Shri. S. B. Bissa, learned Assistant Government Pleader for
respondents/State and Shri. M. A. Kadu, learned counsel for
respondent Nos.3 and 4.
2. The present appellants have 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.350/AMT/AKL/2019, whereby the compensation for the
acquired land was enhanced to Rs.10,11,000/- 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.22154 of 2024, a copy of
which has already been served upon the counsel for the appellants.
He also pointed out that the respondent Nos.3 and 4/Cross-
Objectors have filed Civil Application No.1425 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.
921 FA-953-2024
4. Since the cross-objection was filed, the stay application was
pending. Respondent Nos.3 has not deposited the enhanced
amount. However, in the execution proceedings filed by the
appellants, the learned Executing Court, Civil Judge Senior Division,
Akot, has issued a show-cause notice to JD 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 appellants.
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.3/2024
(Faridullahkhan vs. State and another). He seeks a period of twelve
weeks for depositing the aforesaid amount.
6. Shri Rathi, learned counsel for the appellants, 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.3 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: 29/12/2025 17:01:17
