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Bombay High Court
Purushottam Mahadeo Dohale Thr. P.O.A. ... vs The State Of Maharashtra, Through ... on 30 December, 2025
19.FA.972.2024.odt 1/2
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
FIRST APPEAL NO. 972 OF 2024
Purushottam Mahadeo Dohale Vs. State of Maharashtra & Ors.
__________________________________________________________________________
Office Notes, Office Memoramda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Mr. A.P. Deshmukh, Advocate for the Appellant.
Ms. Deepali Sapkal, AGP for the Respondent/State.
Mr. M.A. Kadu, Advocate for Respondent Nos.3 & 4.
CORAM : RAJ D. WAKODE, J.
DATE : 30th DECEMBER, 2025.
Heard Mr. A.P. Deshmukh, learned counsel for
appellant, Ms. Deepali Sapkal, learned Assistant Government
Pleader for respondent/State and Mr. M.A. Kadu, learned counsel
for respondent Nos.3 and 4.
2. The present appellant has approached this Court seeking
challenge to the judgment dated 16.02.2024 passed by the learned
Presiding Officer, Land Acquisition, Resettlement and Rehabilitation
Authority, Nagpur, in Land Acquisition Case
No.343/AMT/AKL/2019, whereby the compensation for the
acquired land was enhanced to Rs.9,13,500/- her hectare.
3. Mr. 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 XOB No.41 of 2025, 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-Objectors have
filed Civil Application No.1431 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.
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. Mr. 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.7/2024. He seeks a
period of twelve weeks for depositing the aforesaid amount.
6. Mr. Deshmukh, 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.7/2024, 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.
(RAJ. D. WAKODE, J.)
Vijaykumar
Signed by: Mr. Vijay Kumar
Designation: PA To Honourable Judge
Date: 30/12/2025 20:05:13
