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 NATIONAL LOK ADALAT CIVIL APPELLATE JURISDICTION C.A.F. APPEAL NO. 25 OF 2015 IN FIRST APPEAL (ST.) NO.2491 OF 2014 ALONGWITH C.A.F. NO. 31 OF 2015 IN FIRST APPEAL (ST.) NO.1599 OF 2014 ALONGWITH C.A.F. NO. 27 OF 2015 IN FIRST APPEAL (ST.) NO.1604 OF 2014 ALONGWITH C.A.F. NO. 29 OF 2015 IN FIRST APPEAL (ST.) NO.1609 OF 2014 ALONGWITH C.A.F. NO. 63 OF 2015 IN FIRST APPEAL (ST.) NO.2510 OF 2014 The Executive Engineer, KADAWA Canal Division, Nashik .... Appellants V/s.

The State of Maharashtra Through Special Land Acquisition Officer No.2, Nashik & Ors.

.... Respondents ------------------- Ms. Chaitrali Deshmukh, for the Appellant.

Mr. A. R. Patil, AGP for State-Respondent.

Mrs. Vasanti Mali, Dy. Collector, Land Acquisition, Minor Irrigation, Nashik.

Mr. Ketan C. Pawar, Asst. Engineer, for Appellant, mp 1/4

Nandurmadhameshwar Project, Nashik.

Mr. A. R. Patil, Additional G.P., for State-Respondent. Mr. R. D. Pawar, for Respondent Nos.1 to 7.

------------------- CORAM :

MADHAV J. JAMDAR, J.

P. P. SHARMA, O.S.D.

D. N. KHER, COURT RECEIVER DATE : 1st AUGUST, 2021 P.C. :

1.

Not on board. Mentioned. Taken on board.

2.

Mr. Ravindra Pawar appears on behalf of respondent Nos.3 to 9 and files Vakalatnama. He undertakes that he will obtain no objection from Mr. Sham V. Valve, Advocate who was earlier appearing for respondent Nos.3 to 9 and file the same in this Court within a period of 15 days. The undertaking is accepted. 3.

Ms. Chaitrali Deshmukh, learned Advocate for the appellant and Mr. Ravindra Pawar, learned Advocate for the respondent Nos.1 to 7.

4.

The consent terms are signed by Mrs. Vasanti Mali, Special Land Acquisition Officer, Minor Irrigation, Nashik and by mp 2/4

Mr. K. S. Pawar Assistant Engineer, Nandurmadhameshwar Division Project. Shri K. S. Pawar has been authorized by Executive Engineer by letter dated 29.7.2021. She has also produced on record letter dated 29th July 2021 authorizing her to appear before Lok Adalat and to execute necessary documents. The consent terms are signed by the legal heirs of original claimants, Natha Ganpat Palave and Gotiram Ganpat Palave. Advocate Mr. Ravindra Pawar is present on behalf of the respondents-original claimants. He identified signatures of respondents No.3 to 9 and states that they have executed the consent terms in his presence. He states that respondent No.6 has put the thumb impression in his presence.

He states that all of them have executed the consent terms after the same are translated to them in Marathi and after understanding the contents of consent terms. Photo copies of identity cards of respective claimants i.e. respondent Nos.3 to 9 are also annexed to the consent terms. The consent terms are taken on record and marked "A" for identification. The authority letter issued in favour of Advocate Ms. Chaitrali Deshmukh and in favour of Mr.

K. S. Pawar, Assistant Engineer who is looking after Nandurmadhameshwar, Nashik-2 are taken on record and marked "B" and "C" for identification.

5.

The first appeal is disposed of in terms of the consent terms.

6.

The Court Fee if any, be refunded as per rules. 7.

Civil Applications, if any, do not survive and disposed of. and (D. N. KHER) (P. P. SHARMA) (MADHAV J. JAMDAR, J.) mp 4/4