Kashinath Basappa Janapure Vs. Maharashtra Industrial Development Corporation through Regional Manager & ANR.
[Civil Appeal No. 8072 of 2013 Special Leave Petition (C) No.1581 of 2013]
[C.A.No.8073 of 2013 @ S.L.P. (C) No.11833/2013]
[C.A.No.8074 of 2013 @ S.L.P. (C) No.15282/2013]
[C.A.No.8075 of 2013 @ S.L.P. (C) No.12902/2013]
[C.A.Nos.8076-78 of 2013 @ S.L.P. (C) No.15285-15287/2013]
[C.A.No.8079 of 2013 @ S.L.P. (C) No.13264/2013]
O R D E R
1. Delay in filing the Special Leave Petitions is condoned.
2. Leave granted.
3. These appeals are directed against the interim order passed by the High Court of Judicature at Bombay, Bench at Aurangabad in Civil Application No.6285/2009 in First Appeal (St.)No.11877/2009, dated 27.7.2009 and modified final order dt.15.10.2009, in Civil Application No.81/2011 in First Appeal No.2337/2010, dated 1.2.2011, Civil Application No.7186/2012 in First Appeal No.1032/2009, dated 26.7.2012, Civil Application No.382/2013 in First Appeal 2 (St.) No.28564/2012, dated 1.2.2013, Civil Application No.7185/2012 in First Appeal No.92/2009, Civil Application No.7187/2012 in First Appeal No.93/2009 and Civil Application No.7188/2012 in First Appeal No.91/2009, dated 26.7.2012 and Civil Application No.1025/2012 in First Appeal No.1941/2011, dated 5.7.2012/31.7.2012. By the impugned orders, the High Court has rejected the reasonable prayer made by the appellants herein.
4. Having heard the learned counsel for the parties to the lis, we are of the opinion that the prayer made by the appellants requires to be accepted and granted. Accordingly, we pass the following order- "We direct that the 50% of the enhanced compensation granted to the appellants shall be released without security whereas balance of 50% shall be released to them on furnishing security to the satisfaction of the Collector".
5. The appeals are disposed of accordingly.
...........................J. (H.L. DATTU)
...........................J. (SUDHANSU JYOTI MUKHOPADHAYA)
SEPTEMBER 10, 2013