919-CA-498-2022 Modification.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 919 CIVIL APPLICATION NO. 498 OF 2022 IN FAST/23640/2020 WITH CIVIL APPLICATION NO. 499 OF 2022 IN FAST/24166/2020 WITH CIVIL APPLICATION NO. 500 OF 2022 IN FAST/24163/2020 WITH CIVIL APPLICATION NO. 501 OF 2022 IN FAST/24160/2020 The Ex. Engineer, Irrigation Department Strengthening Div. Omerga And Ors. .....Applicants VERSUS Bhanudas Sakharam Kandalkar And Ors. .....Respondents ….. Mr. Tambe Rahul A., Advocate for Applicant/s in all Applications Ms. Laxmi R. Thakur h/f Mr. L. C. Patil, Advocate for Respondents in all Applications ….. CORAM : NEERAJ P. DHOTE, J. DATE : 04.04.2025 PER COURT : 1. These are the Applications fled by the Appellants – Acquiring Body for modifcation of the order dated 07/01/2021, by which, stay to the effect and operation of the impugned Award was granted subject to the condition that the Acquiring Body shall deposit the entire amount of compensation under the Award. The Appeals are fled by Acquiring Body in respect of lands acquired for ‘Kumbhari Storage Tank’ in File No. 2002/LQ/CR-13. 2. It is submitted by the learned Advocate for the Applicant – Acquiring Body that, the amount under the Award is huge and the Acquiring Body has good case on merits and due to fnancial constraints, the Appellant – Acquiring Body is unable to deposit the said amount. Hence, the Applications be allowed. 1 2025:BHC-AUG:10244 919-CA-498-2022 Modification.odt 3. The Application is opposed by the learned Advocate for the Respondents / Claimants. She submits that, this Court in connected matters i.e. First Appeal [ST] Nos.22343/2020, 23634/2020 and 23630/2020, has considered and rejected such Applications for modifcation of the order. She tenders across the bar a copy of the said order dated 20/07/2022. 4. There is no dispute that, this Court by order dated 07/01/2021 granted the stay subject to the condition of depositing entire amount of compensation within a period of [12] twelve weeks. The period of more than four [4] years has passed since then. Similarly, the identical Applications have been rejected by this Court. Therefore, no other view is possible then the one which is taken by this Court in the said Applications. Hence, these Applications are rejected. [NEERAJ P. DHOTE, J.] Sameer/April-2025 2 Signed by: Md. Sameer Q. Designation: PA To Honourable Judge Date: 07/04/2025 16:47:10