1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CA NOS.2264/2009; 2265/2009 IN FA ST NO.21579/2008; CA NOS.2270/2009; 2271/2009 IN FA ST NO.21581/2008; CA NOS.2272/2009; 2273/2009 IN FA ST NO.21552/2008; CA NOS.2274/2009; 2275/2009 IN FA ST NO.21566/2008; CA NOS.2268/2009; 2269/2009 IN FA ST NO.21585/2008; CA NOS.2266/2009; 2267/2009 IN FA ST NO.21569/2008. Office notes, office Memoranda of Coram, Appearances, Court s’ Orders or directions and Court’s or Judge’s Order Registrar s Orders.. ’ CORAM : K.U. CHANDIWAL, J. DATED : 22nd JUNE, 2009 --- P.C.:- 1) Heard Counsel for the appellant/Railways; as also for the claimant and for State. 2) There is delay of 168 days in causing to file appeal. The Railways feels aggrieved by the Reference under Section 18 of the Land Acquisition Act, 1894 decided by the Reference court in common judgment dated 7.2.2008, with its excessive enhancement. The delay in preferring the appeals is explained in paragraphs 3 and 4 of the application. There is no deliberate negligence on the part of appellant/railways as decision was 2 to be taken at several levels. The delay of 168 days is condoned. Respective applications for stay allowed. 3) Heard respective counsel on the point of Stay. Upon appellant’s depositing the amount of compensation under challenge in respective References before the learned Executing Court/Reference Court within eight weeks, the execution of the order under challenge is stayed. Needless to add on the claimant’s making application before the learned Judge, the Reference Court will independently decide the application for withdrawal of the amount. Respective applications allowed as above. 4) Counsel for the claimant as well as learned AGP waives service for respective respondents in the appeal. Place the appeals for admission, as the claimant’s counsel points that the amount of enhancement is meager and of trivial nature. Call R. and P. S.O to 7th December, 2009. (K.U. CHANDIWAL) JUDGE 3 agp/bdv/ca2264.09