1 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 APPLICATION NO. 1520 OF 2003 IN FIRST FIRST FIRST APPEAL ST.NO. 35674 OF 1998 APPEAL ST.NO. 35674 OF 1998 APPEAL ST.NO. 35674 OF 1998 The State of Maharashtra .... Applicant Vs. Mr. Raghunath Dhansing Labhan .... Respondent Mr. S.V. Gajare, AGP for the State CORAM CORAM CORAM : A.S. OKA, J. : A.S. OKA, J. : A.S. OKA, J. DATE DATE DATE : 14TH DECEMBER, 2007 : 14TH DECEMBER, 2007 : 14TH DECEMBER, 2007 P.C. 1) Heard learned AGP for the Applicant. 2) The challenge in the Appeal is to the judgment and Award dated 23rd March 1988 passed by the Trial Court in a Reference under Section 18 of the Land Acquisition Act, 1984. For a period of more than 9 years, there is no stay operating in favour of the Applicant. Moreover, enhancement granted is only in the sum of Rs.7523/-. 3) Considering these peculiar facts, no case is made out for grant of stay. Application is rejected. 2 3) It is made clear that withdrawal of the compensation amount by the claimant will be subject to final outcome of the Appeal. ( A.S. OKA, J.) A.S. OKA, J.) A.S. OKA, J.)