The Executive Engineer, Kadawa Canal Division, Nashik v. The State Of Maharashtra Through Special Land Acquisition Officer No. 2. Nashik And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BEFORE THE NATIONAL LOK ADALAT CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 37 OF 2015 IN FIRST APPEAL (STAMP) NO. 1583 OF 2014 WITH CIVIL APPLICATION NO. 41 OF 2015 IN FIRST APPEAL (STAMP) NO. 1508 OF 2014 WITH CIVIL APPLICATION NO. 43 OF 2015 IN FIRST APPEAL (STAMP) NO. 1498 OF 2014 WITH CIVIL APPLICATION NO. 45 OF 2015 IN FIRST APPEAL (STAMP) NO. 1489 OF 2014 WITH CIVIL APPLICATION NO. 61 OF 2015 IN FIRST APPEAL (STAMP) NO. 2506 OF 2014 WITH CIVIL APPLICATION NO. 63 OF 2015 IN FIRST APPEAL (STAMP) NO. 2510 OF 2014 WITH CIVIL APPLICATION NO. 67 OF 2015 IN FIRST APPEAL (STAMP) NO. 2530 OF 2014 The Executive Engineer, Kadawa Canal Division, Nashik ..Appellant versus The State of Maharashtra & Ors.

..Respondents 1/4

Ms Chaitrali Deshmukh i/b. Ms Bhavana Khemani for Appellants. Mr. A. A. Palkar - AGP for the State.

Mr. S. P. Borade and Mr. Pawar for Respondents - Claimants. CORAM : M. S. SONAK, J.

(HEAD OF THE PANEL) : C.D. GONGLE, RETIRED DISTRICT JUDGE, MEMBER & :

M.S. GUPTA, REGISTRAR (INSP.II.) MEMBER DATE : 9th SEPTEMBER, 2017.

P.C. :- 1] In all these matters, the appellants have taken out civil applications for condonation of delay. Since, they are not objected to, by consent, the delay is condoned. Civil applications are disposed of. 2] Ms Deshmukh states that in these matters Ms. Bhavana R. Khemani has filed the vakalatnamas. She submits that Ms. Bhavana Khemani is unable to remain present but the appellants have given authority letter to Ms Deshmukh to appear in these matters and to present the consent terms. The officers are also present in the court and they confirm this position. The authority letter is also placed on record. The same is taken on record.

3] The learned counsel for the parties hand in consent terms, which are taken on record and marked as 'X' for the purposes of identification.

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4] The consent terms have been signed by the Advocate for the appellants who states that she has been duly authorized to file and sign these consent terms. The consent terms have been signed by the Special Land Acquisition Officer and the learned AGP. The consent terms are also signed / bear the thumb impressions of the respondents - claimants. The signatures / thumb impressions have been duly identified by the learned counsel appearing for the respondents claimants. The learned counsel appearing for the respondents- claimants has also signed these consent terms signifying consent.

5] In terms of the consent terms, the appellants, have agreed to honour the Awards made by the Reference Court and consequently, withdraw the appeals.

6] In these cases, the respondents - claimants have not filed cross appeals / cross objections and the learned counsel appearing for the respondents / claimants state that they have no intentions to do so.

7] In case there is any issue of withdrawal of compensation amount, the Reference Court is directed to verify the identity of the claimants / legal representatives, if any, at the stage of permitting withdrawal. Necessary endorsement to be made in that regard at the stage of permitting withdrawal.

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8] The appellants shall be entitled to refund of court fees in terms of the Rules as permissible.

9] The appeals are disposed of in terms of the consent terms. Necessary awards to be drawn in terms of the consent terms. 10] Since the appeals are now disposed of, the pending civil applications, if any, do not survive and the same are also disposed of. (M.S. SONAK,J.) HEAD OF THE PANEL (C.D. GONGLE) MEMBER (M.S. GUPTA) MEMBER chandka 4/4