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Bombay High CourtCAF/2740/2008disposed off

The State Of Maharashtra v. Damu Laxman Maskare

2018-12-08Hon'Ble Shri Justice Nitin Jamdar17 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BEFORE THE NATIONAL LOK ADALAT FIRST APPEAL NO. 1502 OF 2008 CIVIL APPLICATION NO. 2668 OF 2008 FIRST APPEAL NO. 1502 OF 2008 Pralhad Shankar Maskare and Anr.

FIRST APPEAL NO. 1503 OF 2008 CIVIL APPLICATION NO. 2670 OF 2008 FIRST APPEAL NO. 1503 OF 2008 Baban Kushaba Pansare FIRST APPEAL NO. 1504 OF 2008 CIVIL APPLICATION NO. 2672 OF 2008 FIRST APPEAL NO. 1504 OF 2008 Sakharam Nana Naikodi D/H. 1. Balu Sakharam Naikodi And Ors.

FIRST APPEAL NO. 1505 OF 2008 CIVIL APPLICATION NO. 2674 OF 2008 FIRST APPEAL NO. 1505 OF 2008 Dharma Savleram Lokhane ..2/-

- 2 - FIRST APPEAL NO. 1507 OF 2018 CIVIL APPLICATION NO. 2678 OF 2008 FIRST APPEAL NO. 1507 OF 2008 Namdeo Rambhau Sadakal and Ors.

FIRST APPEAL NO. 1508 OF 2008 CIVIL APPLICATION NO. 2680 0F 2008 FIRST APPEAL NO. 1508 OF 2008 Ramchandra Pandurang Maskare and Ors.

FIRST APPEAL NO. 1509 OF 2008 CIVIL APPLICATION NO. 2682 OF 2008 FIRST APPEAL NO. 1509 OF 2008 Mahadu Baban Maskare and Ors.

FIRST APPEAL NO. 1510 OF 20008 CIVIL APPLICATION NO. 2684 OF 2008 FIRST APPEAL NO. 1510 OF 2008 Baban Khandu Sadakal and Ors.

..3/-

- 3 - FIRST APPEAL NO. 1511 OF 2008 CIVIL APPLICATION NO. 2686 OF 2008 FIRST APPEAL NO. 1511 OF 2008 Laxmibai Baburao Bhalekar and Anr.

FIRST APPEAL NO. 1512 OF 2008 CIVIL APPLICATION NO. 2688 OF 2008 FIRST APPEAL NO. 1512 OF 2008 Baburao Vitthal Pansare and Anr.

FIRST APPEAL NO. 1513 OF 2008 CIVIL APPLICATION NO. 2690 OF 2008 FIRST APPEAL NO. 1513 OF 2008 Vitthal Kondiba Pansare and Ors.

FIRST APPEAL NO. 1514 OF 2008 CIVIL APPLICATION NO. 2692 OF 2008 FIRST APPEAL NO. 1514 OF 2008 Kondiba Bhima Neharkar and Anr.

..4/-

- 4 - FIRST APPEAL NO. 1515 OF 2008 CIVIL APPLICATION NO. 2694 OF 2008 FIRST APPEAL NO. 1515 OF 2008 Pandurang Ramu Pansare and Ors.

FIRST APPEAL NO. 1516 OF 2008 CIVIL APPLICATION NO. 2696 OF 2008 FIRST APPEAL NO. 1516 OF 2008 Shankar Balu Lokhande and Ors.

FIRST APPEAL NO. 1517 OF 2008 CIVIL APPLICATION NO. 2698 OF 2008 FIRST APPEAL NO. 1517 OF 2008 Gram Devi Devta Trust and Anr.

FIRST APPEAL NO. 1518 OF 2008 CIVIL APPLICATION NO. 2700 OF 2008 FIRST APPEAL NO. 1518 OF 2008 Pandurang Baburao Sadakal and Ors.

..5/-

- 5 - FIRST APPEAL NO. 1519 OF 2008 CIVIL APPLICATION NO. 2702 OF 2008 FIRST APPEAL NO. 1519 OF 2008 Jagan Baburao Saindre FIRST APPEAL NO. 1520 OF 2008 CIVIL APPLICATION NO. 2704 OF 2008 FIRST APPEAL NO. 1520 OF 2008 Vilaskumar Ratanlal Shah (Gujar) FIRST APPEAL NO. 1521 OF 2008 CIVIL APPLICATION NO. 2706 OF 2008 FIRST APPEAL NO. 1521 OF 2008 Tejpal Sumatilal Shah and Anr.

FIRST APPEAL NO. 1522 OF 2008 CIVIL APPLICATION NO. 2708 OF 2008 FIRST APPEAL NO. 1522 OF 2008 Kisan Savleram Modhave and Ors.

..6/-

- 6 - FIRST APPEAL NO. 1523 OF 2008 CIVIL APPLICATION NO. 2710 OF 2008 FIRST APPEAL NO. 1523 OF 2008 Sakhubai Dadabhau Warpe and Ors.

FIRST APPEAL NO. 1524 OF 2008 CIVIL APPLICATION NO. 2712 OF 2008 FIRST APPEAL NO. 1524 OF 2008 Maruti Bhikaji Maskare D/H. A. Ganpat Maruti Maskare and Ors.

FIRST APPEAL NO. 1525 OF 2008 CIVIL APPLICATION NO. 2714 OF 2008 FIRST APPEAL NO. 1525 OF 2008 Smt. Kantabai Dnyandeo Maskare and Ors.

FIRST APPEAL NO. 1526 OF 2008 CIVIL APPLICATION NO. 2716 OF 2008 FIRST APPEAL NO. 1526 OF 2008 Dhondu Bhau Kadam D/H. 1. Ramchandra Dhondu Kadam and Ors.

..7/-

- 7 - FIRST APPEAL NO. 1527 OF 2008 CIVIL APPLICATION NO. 2718 OF 2008 FIRST APPEAL NO. 1527 OF 2008 Baban Khandu Parit and Ors.

FIRST APPEAL NO. 1528 OF 2008 CIVIL APPLICATION NO. 2720 OF 2008 FIRST APPEAL NO. 1528 OF 2008 Suman Vitthal Pansare and Ors.

FIRST APPEAL NO. 1529 OF 2008 CIVIL APPLICATION NO. 2722 OF 2008 FIRST APPEAL NO. 1529 OF 2008 Santosh Dnyandeo Modhave FIRST APPEAL NO. 1530 OF 2008 CIVIL APPLICATION NO. 2724 OF 2008 FIRST APPEAL NO. 1530 OF 2008 Rohidas Kashinath Maskare D/H. 1A. Usha Rohidas Maskare and Ors.

..8/-

- 8 - FIRST APPEAL NO. 1531 OF 2008 CIVIL APPLICATION NO. 2726 OF 2008 FIRST APPEAL NO. 1531 OF 2008 Shankarrao Manaji Bhalekar D/H. 1A. Parvatibai Shankar Bhalekar and Ors.

FIRST APPEAL NO. 1532 OF 2008 CIVIL APPLICATION NO. 2728 OF 2008 FIRST APPEAL NO. 1532 OF 2008 Chandrakant Pandurang Modhave and Ors.

FIRST APPEAL NO. 1533 OF 2008 CIVIL APPLICATION NO. 2730 OF 2008 FIRST APPEAL NO. 1533 OF 2008 Namdeo Baban Lokhande D/H. A. Sitabai Namdeo Lokhande FIRST APPEAL NO. 1534 OF 2008 CIVIL APPLICATION NO. 2732 OF 2008 FIRST APPEAL NO. 1534 OF 2008 Dattu Baban Lokhande and Ors.

..9/-

- 9 - FIRST APPEAL NO. 1535 OF 2008 CIVIL APPLICATION NO. 2734 OF 2008 FIRST APPEAL NO. 1535 OF 2008 Tanaji Maruti Modhave and Ors.

FIRST APPEAL NO. 1536 OF 2008 CIVIL APPLICATION NO. 2736 OF 2008 FIRST APPEAL NO. 1536 OF 2008 Tukaram Manaji Modhave and Ors.

FIRST APPEAL NO. 1538 OF 2008 CIVIL APPLICATION NO. 2740 OF 2008 FIRST APPEAL NO. 1538 OF 2008 Damu Laxman Maskare FIRST APPEAL NO. 1539 OF 2008 CIVIL APPLICATION NO. 2742 OF 2008 FIRST APPEAL NO. 1539 OF 2008 Bhijubai Nanu Dongare ..10/-

- 10 - FIRST APPEAL NO. 1540 OF 2008 CIVIL APPLICATION NO. 2744 OF 2008 FIRST APPEAL NO. 1540 OF 2008 Ganpat Bhaguji Sadakal and Ors.

FIRST APPEAL NO. 1541 OF 2008 CIVIL APPLICATION NO. 2746 OF 2008 FIRST APPEAL NO. 1541 OF 2008 Sakharam Dharma Pansare FIRST APPEAL NO. 1542 OF 2008 CIVIL APPLICATION NO. 2748 OF 2008 FIRST APPEAL NO. 1542 OF 2008 Kisan Vitthal Modhave and Ors.

FIRST APPEAL NO. 1543 OF 2008 CIVIL APPLICATION NO. 2750 OF 2008 FIRST APPEAL NO. 1543 OF 2008 Popat Gangaram Lokhande ..11/-

- 11 - FIRST APPEAL NO. 1544 OF 2008 CIVIL APPLICATION NO. 2752 OF 2008 FIRST APPEAL NO. 1544 OF 2008 Genu Manaji Maskare FIRST APPEAL NO. 1545 OF 2008 CIVIL APPLICATION NO. 2754 OF 2008 FIRST APPEAL NO. 1545 OF 2008 Bhagirathibai Tulshiram Sadakal FIRST APPEAL NO. 1546 OF 2008 CIVIL APPLICATION NO. 2756 OF 2008 FIRST APPEAL NO. 1546 OF 2008 Baban Dhondiba Modhave FIRST APPEAL NO. 1547 OF 2008 CIVIL APPLICATION NO. 2758 OF 2008 FIRST APPEAL NO. 1547 OF 2008 Baban Khandu Butte ..12/-

- 12 - FIRST APPEAL NO. 1548 OF 2008 CIVIL APPLICATION NO. 2760 OF 2008 FIRST APPEAL NO. 1548 OF 2008 Khandu Laxman Dighe and Ors.

FIRST APPEAL NO. 1550 OF 2008 CIVIL APPLICATION NO. 2764 OF 2008 FIRST APPEAL NO. 1550 OF 2008 Shripat Ganpat Maskare D/H. 1A. Smt. Kantabai Shripat Maskare and Ors.

FIRST APPEAL NO. 1551 OF 2008 CIVIL APPLICATION NO. 2766 OF 2008 FIRST APPEAL NO. 1551 OF 2008 Kisan Popat Maskare FIRST APPEAL NO. 1552 OF 2008 CIVIL APPLICATION NO. 2768 OF 2008 FIRST APPEAL NO. 1552 OF 2008 Maruti Bhikaji Maskare D/H. 1A. Ganpat Maruti Maskare ..13/-

- 13 - FIRST APPEAL NO. 1553 OF 2008 CIVIL APPLICATION NO. 2770 OF 2008 FIRST APPEAL NO. 1553 OF 2008 Dashrath Maruti Maskare FIRST APPEAL NO. 1554 OF 2008 CIVIL APPLICATION NO. 2772 OF 2008 FIRST APPEAL NO. 1554 OF 2008 Laxman Umaji Pansare D/H. 1A. Smt. Mamtabai Laxman Pansare and Ors.

FIRST APPEAL NO. 1555 OF 2008 CIVIL APPLICATION NO. 2774 OF 2008 FIRST APPEAL NO. 1555 OF 2008 Keru Dagdu Butte FIRST APPEAL NO. 1556 OF 2008 CIVIL APPLICATION NO. 2776 OF 2008 FIRST APPEAL NO. 1556 OF 2008 Maruti Ramji Modhave ..14/-

- 14 - FIRST APPEAL NO. 1557 OF 2008 CIVIL APPLICATION NO. 2778 OF 2008 FIRST APPEAL NO. 1557 OF 2008 Baburao Dhondiba Pansare and Ors.

FIRST APPEAL NO. 1558 OF 2008 CIVIL APPLICATION NO. 2780 OF 2008 FIRST APPEAL NO. 1558 OF 2008 Baban Deoba Sadakal and ors.

FIRST APPEAL NO. 1559 OF 2008 CIVIL APPLICATION NO. 2782 OF 2008 FIRST APPEAL NO. 1559 OF 2008 Kashinath Khandu Sadakal and Ors.

FIRST APPEAL NO. 1560 OF 2008 CIVIL APPLICATION NO. 2784 OF 2008 FIRST APPEAL NO. 1560 OF 2008 Shantabai Ganpat Sadakal ..15/-

- 15 - FIRST APPEAL NO. 1562 OF 2008 CIVIL APPLICATION NO. 2788 OF 2008 FIRST APPEAL NO. 1562 OF 2008 Smt. Satyabhama Dattu Maskare and Ors.

FIRST APPEAL NO. 1563 OF 2008 CIVIL APPLICATION NO. 2790 OF 2008 FIRST APPEAL NO. 1563 OF 2008 Prabhakar Balaji Maskare FIRST APPEAL NO. 1564 OF 2008 CIVIL APPLICATION NO. 2792 OF 2008 FIRST APPEAL NO. 1564 OF 2008 Babu Bhau Modhave FIRST APPEAL NO. 1565 OF 2008 CIVIL APPLICATION NO. 2794 OF 2008 FIRST APPEAL NO. 1565 OF 2008 Janardan Bhagwant Purwant ..16/-

- 16 - FIRST APPEAL NO. 1566 OF 2008 CIVIL APPLICATION NO. 2796 OF 2008 FIRST APPEAL NO. 1566 OF 2008 Haribhau Baburao Mojad and Anr.

FIRST APPEAL NO. 1567 OF 2008 CIVIL APPLICATION NO. 2798 OF 2008 FIRST APPEAL NO. 1567 OF 2008 Khandu Umaji Modhave and Ors.

FIRST APPEAL NO. 1568 OF 2008 CIVIL APPLICATION NO. 2800 OF 2008 FIRST APPEAL NO. 1568 OF 2008 Pandurang Umaji Modhave ------- Mr. Yogesh Y. Dabke, Assistant Government Pleader present for State Ms. Harshlata D. Gedam, Dy. Collector, SLAO-1, Pune CORAM : N.J. JAMADAR, J.

: S.M. RATNAKAR (RETIRED PRINCIPAL DISTRICT JUDGE) & MEMBER : S.R. SALKUTE (OFFICER ON SPECIAL DUTY) & MEMBER Date : 8th December, 2018.

..17/-

- 17 - P.C. :- 1/ The parties have tendered the consent terms dated 8th December, 2018. The consent terms are taken on record and marked, 'X' for identification.

2/ The consent terms are executed by the Appellants and Special Land Acquisition Officer as well as Authorized person of Acquiring body. The consent terms are also signed by the Advocate for Appellants and Advocate Shri Yogesh Y. Dabke Assistant Government Pleader. 3/ The Appeal stands disposed of as compromised in accordance with the above consent terms, 'X'.

4/ Award be drawn in accordance with the consent terms, 'X'. 5/ The Appellants shall be entitled to refund of the court fees, in accordance with the rules.

6/ All Civil Applications stand disposed of.

(S.R. SALKUTE) (S.M. RATNAKAR) (N.J. JAMADAR, J.) (OFFICER ON SPECIAL (RETIRED PRINCIPAL DUTY) & MEMBER DISTRICT JUDGE) & MEMBER