IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.3664 of 2007 APPLICATION NO.3664 of 2007 APPLICATION NO.3664 of 2007 in in in FIRST FIRST FIRST APPEAL (ST) NO.18991 of 2000 APPEAL (ST) NO.18991 of 2000 APPEAL (ST) NO.18991 of 2000 --------------------------------------------------- --------------------------------------------------- --------------------------------------------------- Office Office Office Notes, Office Notes, Office Notes, Office Court’s Court’s Court’s or Judge’s or Judge’s or Judge’s Memoranda Memoranda Memoranda of Coram, of Coram, of Coram, order order order appearance, appearance, appearance, Court’s orders Court’s orders Court’s orders or or or directions & Registrar’s directions & Registrar’s directions & Registrar’s orders orders orders Mr.B.H.Mehta, Mr.B.H.Mehta, Mr.B.H.Mehta, AGP for Applicant AGP for Applicant AGP for Applicant Coram: Coram: Coram: A.S.Oka, J A.S.Oka, J A.S.Oka, J Date: Date: Date: 20th December, 2007 20th December, 2007 20th December, 2007 1. 1. 1. Heard Advocate appearing for Heard Advocate appearing for Heard Advocate appearing for the the the parties. It is brought to my parties. It is brought to my parties. It is brought to my notice notice notice that the impugned award that the impugned award that the impugned award under under under section 18 of the Land section 18 of the Land section 18 of the Land Acquisition Acquisition Acquisition Act, 1894 was made in Act, 1894 was made in Act, 1894 was made in October, October, October, 1999 and this 1999 and this 1999 and this application application application for stay has been for stay has been for stay has been moved moved moved by the State Government by the State Government by the State Government after after after a lapse of nearly 8 years. a lapse of nearly 8 years. a lapse of nearly 8 years. Apart Apart Apart from this aspect, from this aspect, from this aspect, enhancement enhancement enhancement in market value in market value in market value granted granted granted by the reference Court is by the reference Court is by the reference Court is only only only to the extent of Rs.9680/-. to the extent of Rs.9680/-. to the extent of Rs.9680/-. 2. 2. 2. Considering these peculiar Considering these peculiar Considering these peculiar facts, facts, facts, no case is made out for no case is made out for no case is made out for grant grant grant of stay. Application is of stay. Application is of stay. Application is rejected. rejected. rejected. It is however, It is however, It is however, clarified clarified clarified that withdrawal of the that withdrawal of the that withdrawal of the compensation compensation compensation amount by the amount by the amount by the claimants claimants claimants is subject to the final is subject to the final is subject to the final outcome outcome outcome of the appeal. of the appeal. of the appeal. (A.S.Oka, (A.S.Oka, (A.S.Oka, J) J) J)