1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CA Nos.129/09; 130/09; 131/09 in FA ST NO.21934/2008; CA NOS.108/09; 109/09; 110/09 IN FA ST NO.21978/2008; CA NOS.123/09; 124/09; 125/09 IN FA ST NO.21944/2008; CA NOS.117/09; 118/09; 119/09 IN FA ST NO.21961/2008; CA NOS.126/09; 127/09; 128/09 IN FA ST.NO.21939/2008; CA NOS.111/09; 112/09; 113/09 IN FA ST NO.21721/2008; CA NOS.120/09; 122/09; 121/09 IN FA ST NO.21950/2008; CA NOS.114/09; 115/09; 116/09 IN FA ST NO.21968/2008. 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 : 17th JUNE, 2009 --- P.C.:- 1) Heard Mr.T.B.Bhosale for the acquiring body; learned AGP for Respondent No.1-State and Mr. S.S.Shinde, for Respondent No.2 in all the matters. 2) The appellant/acquiring body feels aggrieved by the order of enhancement as the liability to make the past payment and future claims is saddled to it. It has come into play by virtue of Government Notification dated 1st October, 1998. In the situation, leave to file 2 appeal granted to the acquiring body. The applications to that effect are allowed. 3) There is delay of 315 days in causing to file the appeal. The acquiring body feels aggrieved by the order under challenge in the respective Land References. The proposal was sent to the authorities for decision, it has taken time. Consequently, the delay has occasioned. The interests of the acquiring body are adversely affected and the Corporation was not party though Executive Engineer, Minor Irrigation Division, Beed was party. In the situation, the delay is condoned. Respective applications allowed. 4) Heard Mr. Bhosale for the acquiring body on the point of stay. The matter revolves to the Land Reference, wherein enhancement is in relation to the property acquired was granted by the Reference Court. The matter is under challenge by the appellant. However, while entertaining the stay application, interests of the land owners also cannot be skipped. Hence, upon appellant/acquiring body depositing 3 the amount, covered in the respective Land References within eight weeks before the Reference court, execution and operation of the Judgment and Award dated 12.4.2007 recorded by Additional District Judge-1, Beed, is stayed. Respective applications allowed as above. 5) The appellant will take steps to bring legal representatives of Respondent no.2 in FA St.No. 21961/2008, who is reported dead in view of the statement made by Mr. Shinde. (K.U. CHANDIWAL) JUDGE agp/bdv/ca129.09