1 C.A. No.2089.10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.2089 OF 2010 IN FIRST APPEAL NO.399 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Mrs. Manjusha A. Deshpande, Advocate for applicant. Mr.S.P. Brahme,Advocate for Resp.No.1A&2. Mr. K.M. Suryawanshi, AGP for Resp.No.3. .... CORAM: K.K. TATED, J. DATE : 10TH DECEMBER, 2010. . Heard learned Counsel for the parties. 2. Present Civil Application is preferred by applicant original respondent No.1 for stay of the judgment and award dated 31-10-2009 passed by the Reference Court in L.A.R. No.266/1994. 3. In the present case, the S.L.A.O. issued notification dated 16-03-1978 for acquiring the respondents' original claimants' land for servants quarter of postal and telegram department in Ahmednagar. After due process of law, the S.L.A.O. declared award dated 01-09-1993 and awarded compensation in respect of 2 C.A. No.2089.10 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders the acquired land @ Rs.39/- per sq.ft. Being aggrieved by the award passed by the S.L.A.O. original claimants preferred Reference under Section 18 of the Land Acquisition Act and claimed enhanced compensation @ Rs.1000/- per sq. meter. The Reference Court, after considering the evidence on record, enhanced compensation @ Rs.85/- per sq. meter. 4. The learned Counsel appearing on behalf of the applicant submits that the Reference Court awarded enhanced compensation in respect of the acquired land after considering evidence on record. 5. On the other hand, the learned Counsel appearing on behalf of respondent No.1A and 2 submits that they also preferred appeal against the impugned judgment and award bearing F.A. No. 423/2010. Said appeal is admitted by this Court on 30-06-2010. He further submits that the appellant failed and neglected to deposit decretal amount in the trial Court. They preferred Execution Application No.09/2010 and same 3 C.A. No.2089.10 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders is pending before the trial Court. 6. Considering the rival submissions of both the sides, I direct the appellant to deposit the entire decretal amount within six weeks from today, in this Court. On deposit of the decretal amount within six weeks, interim relief in terms of prayer clause (B) which reads as under. "(B) Pending hearing and final disposal of the First Appeal the execution of the judgment and order passed by the learned C.J.S.D. Ahmednagar in L.A.R. No. 266 of 1994 dated 31.10.2009 may kindly be stayed." . Needless to say that the respondents - original claimants are entitled to file separate application for withdrawal of the amount. That application will be decided on its own merits. 7. Civil Application is disposed of accordingly. [K.K. TATED,J.] sut/DEC10/ca2089.10 4 C.A. No.2089.10