1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD C.A.NO.1364 OF 2009 IN FIRST APPEAL NO.1426 OF 2009 WITH C.A.NO.1362 OF 2009 IN FIRST APPEAL NO.1427 OF 2009 C.A.NO.1358 OF 2009 IN FIRST APPEAL NO.1428 OF 2009 C.A.NO.1360 OF 2009 IN FIRST APPEAL NO.1429 OF 2009 C.A.NO.1366 OF 2009 IN FIRST APPEAL NO.1430 OF 2009 C.A.NO.1372 OF 2009 IN FIRST APPEAL NO.1431 OF 2009 C.A.NO.1370 OF 2009 IN FIRST APPEAL NO.1432 OF 2009 C.A.NO.1352 OF 2009 IN FIRST APPEAL NO.1433 OF 2009 C.A.NO.1354 OF 2009 IN FIRST APPEAL NO.1434 OF 2009 C.A.NO.1356 OF 2009 IN FIRST APPEAL NO.1435 OF 2009 C.A.NO.1368 OF 2009 IN FIRST APPEAL NO.1436 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Smt Madhubala Gangwal, Advocate for Appellants. Smt. Y.M.Kshirsagar, A.G.P. for respondent-State. Shri S.S.Manale,Advocate for Respondent No.1(in F.A.Nos.1426 of 2009, 1433 of 2009, 1435 of 2009 and 1436 of 2009). .... CORAM: K.K. TATED, J. DATE : 5TH JULY, 2010. PER COURT : 1. Heard learned counsel for the parties. 2. The appellant-original respondent 2 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders No.2 preferred the Civil Applications for staying Judgments and Award dated 03.05.2008, passed by Ad-hoc District Judge-3, Latur, in Land Acquisition References under challenge, till hearing and final disposal of the First Appeals. In these Civil Applications this Court passed an order, on 13th February, 2009, which reads as under:- Heard. Notice returnable within eight weeks. Learned AGP waives for the respondent-State. Award impugned in these appeals shall remain stayed on the condition that the applicant shall deposit fifty percent award amount, in each appeal, in this Court, within eight weeks failing which the stay granted shall stand vacated without back reference to this Court. Meanwhile, call for record and proceeding from the Court concerned without paper book. 3 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders 3. Thereafter, the applicants preferred the Civil Applications for extention of time to deposit the amount in this Court. In those Civil applications, this Court passed order on 23rd September, 2009 and granted two weeks time to deposit entire amount. In spite of that, the applicants failed to deposit the Award amount in this court. 4. In this case, the Special Land Acquisition Officer issued notification under section 4 of the Land Acquisition Act, for acquiring the lands of the respondent-Claimants to construct left bank canal of lower Terna Project. The Acquiring Body took possession of the lands of the respondent-claimants in the year 1995. After due process, the Special Land Acquisition Officer passed the Award and awarded market value at the 4 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders rate of Rs.385/- to 475/- per R. . Being aggrieved by the said Award, the respondent-Claimants preferred References Under Section 18 of the Land Acquisition Act. In the said references, the Reference Court, on the basis of previous Judgment in LAR (Group) No 992 of 2000, awarded compensation at the rate of Rs.1185/- per R. 5. The Reference Court passed the judgment and Award on 3rd May, 2008 and till today the applicants failed to deposit the decreetal amount in this Court. 6. Considering these facts, the Civil applications for stay stand dismissed with costs of Rs.750/- each. The costs shall be deposited in this 5 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Court, within two weeks from the date of this order. The respondent-Claimants are entitled to withdraw the said costs. Sd/- [K.K. TATED,J.] MTK