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Bombay High Court
Imranullahkhan Azharullahkhan And ... vs The State Of Maharashtra, Through ... on 26 December, 2025
FA-969-2024
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
FIRST APPEAL NO.969 OF 2024
[Imranullahkhan Azharullahkhan 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 Respondents/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.349/AMT/AKL/2019, whereby the compensation for the
acquired land was enhanced to Rs.9,95,250/- 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 No.107 of 2025, 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 Stamp No.29359 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-969-2024
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 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.1/2024
(Imranullakhan 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.1/2024, 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 17:00:33
